The amount of maximum child support under the state’s Child Support Guidelines will increase as of Sept. 1, 2019.
According to the Texas Family Code §154.125, the child support guidelines apply to the paying parent’s monthly net resources up to $7,500.00 as of 2007. However, the state adjusts for inflation every six years. The most recent adjustment changes the paying parent’s situation if their net resources total $9,200. Depending on the paying parent’s monthly net income, it is possible that this change could affect you and your family. More importantly, it could mean that a child support modification may be around the corner.
Child support payments in Texas are based on the paying parent’s income. Very few states actually put a cap on child support payments, but Texas puts a presumptive cap on the amount due each month, based on the net income of the parent paying support. Even with that cap, a court may order the paying parent to pay above that amount. In these cases, the court bases its decision on the income of the parties as well as the proven needs of the child.
The child support cap provides the custodial parent (or the person receiving child support payments) with a presumption of a minimum amount of child support that will be ordered to be paid for the child. It likewise provides assurance for the non-custodial parent (or the paying parent) to know generally what the highest amount of support he or she will owe for child support. However, this amount can be increased by a court finding that the child’s proven needs are financially higher. For example, if a child is disabled and requires specialized care, the court may order additional support over and above the guideline child support amounts.
To determine net income for child support calculations, the court considers the following resources:
The last child support cap increase occurred in September 2013. Every six years, the amount automatically adjusts based on the Consumer Price Index (CPI).
In February 2013, the designated CPI was 681.158 raising the child support from $7,550 to $8,550. As of February this year, the CPI was 733.407 an increase of 52.249 points or a 7.67% increase. These figures raise the new maximum net income from $8,550 to $9,200. This change in maximum income makes the new maximum guideline child support amount for one child $1,840 per month.
Ultimately, the way the cap will affect you depends on how much money the parent paying support brings home. For example, if the paying parent’s current take-home pay is less than $8,550, their child support obligation is not subject to change based on this adjustment to the cap. If the paying parent’s monthly net income is $8,550 or more, their child support obligation may be subject to an increase.
If you are currently receiving child support from a parent that earns more than $8,550 per month net income (the previous cap amount), you may want to consider filing for a modification of child support. Our experienced child support attorneys are ready and willing to assist you with this matter.
The increase does not affect the percentages applied to net income for calculating child support based on the number of children you pay support for. However, it does apply to the percentage established at the new cap amount of $9,200.
No. Your support obligation will not automatically increase; however, when or if you and your child’s other parent return to court for a modification, your child support obligation could increase based on your income.
If you are in the midst of a custody dispute the amount of child support you pay a month may now be higher. Any cases finalized on or after September 1, 2019, would apply this guideline increase for purposes of calculating the amount of child support owed each month.
There are many factors that are taken into consideration by a court when determining child support calculations. For a clear understanding of how your child support may be affected by state law, contact The Carlson Law Firm. Our qualified family law attorneys can help you navigate the complex Texas Family Law Code.
Contact The Carlson Law Firm for a free consultation with a qualified member of our legal. We care. We can help.
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