On September 1, 2025, HB 2643 raised the maximum net resources considered for Texas child support calculations from $9,200 per month to $11,700 per month — a 27% increase. For noncustodial parents earning above the old cap, this means higher potential support obligations. For custodial parents, it means the possibility of more support for their children. But there is a catch that most people miss: the new cap only applies automatically to orders entered on or after September 1, 2025. If your order was entered before that date, the old $9,200 cap still governs your payments unless you file a modification.
At Griffin & Cain, Attorneys at Law, our family law team in Conroe has been fielding questions about this change since it took effect. If you are paying or receiving child support under an order entered before September 2025, call us at (936) 441-2999 to find out whether a child support modification makes sense for your situation.
How the Texas Child Support Cap Works
Texas Family Code §154.125 uses a percentage-of-income model to calculate child support. The court applies a fixed percentage to the paying parent's monthly net resources:
One child: 20% of net resources. Two children: 25%. Three children: 30%. Four children: 35%. Five or more children: 40%.
But these percentages only apply to income up to the statutory cap. Before September 1, 2025, the cap was $9,200 per month in net resources. Now it is $11,700. That means the maximum guideline support for one child increased from $1,840 per month ($9,200 × 20%) to $2,340 per month ($11,700 × 20%) — a $500/month increase, or $6,000 per year.
For two children, the increase is even larger: from $2,300/month to $2,925/month — a $625/month jump, or $7,500 per year.
The Critical Distinction: When Was Your Order Entered?
This is the detail that most online summaries skip. The new $11,700 cap applies to child support orders entered on or after September 1, 2025. If your child support order was signed by a judge before that date — whether in 2024, 2020, or 2015 — your order still uses the $9,200 cap as its calculation baseline.
Your payments do not automatically increase just because the law changed. Texas does not retroactively adjust existing orders. To get the benefit of the higher cap (if you are the custodial parent) or to confirm your obligations have not changed (if you are the paying parent), you need a new court order — either by agreement or through a contested modification.
If you are the custodial parent
You may have grounds to file a modification if the noncustodial parent's income exceeds $9,200/month in net resources and your current order was calculated under the old cap. The change in law, combined with the noncustodial parent's income, creates a "material and substantial change in circumstances" that can justify modification under Texas Family Code §156.401.
If you are the noncustodial parent
If your income has not changed significantly and your order was entered before September 1, 2025, the custodial parent would need to file a modification to apply the new cap. You cannot be forced to pay more without a new court order. However, if the custodial parent does file, and your income exceeds the old $9,200 threshold, the court will apply the new $11,700 cap when recalculating support.
When Can You File a Child Support Modification in Texas?
Under Texas Family Code §156.401, you can file to modify child support if either:
The circumstances of the child or a party affected by the order have materially and substantially changed since the date of the order (or the date of a prior modification), or it has been three or more years since the order was last modified or entered, and the monthly amount of support differs by 20% or $100 from the amount that would be calculated under the current guidelines.
The $11,700 cap change creates an interesting dynamic. For a parent earning $11,700 or more per month, if their existing order was calculated at the $9,200 cap, the guideline amount has increased by more than 20% — satisfying the second prong automatically, even if no other circumstances have changed.
This is a significant strategic point. If you are the custodial parent with an order entered before September 2025, and the other parent earns above the old cap, you likely have strong grounds for modification even without proving a "material and substantial change" beyond the statutory update itself.
What About High-Income Parents Above the Cap?
The $11,700 figure is still a soft cap, not a hard ceiling. Texas courts retain discretion to order support above the guideline amount when the paying parent's income substantially exceeds the cap and the child's needs require it. In high-net-worth cases, courts consider the child's proven needs — private school tuition, extracurricular activities, medical expenses, travel — and may calculate additional support beyond the 20-40% guideline percentages.
In Montgomery County's 284th, 410th, and 418th District Courts, we have seen judges take this approach when the noncustodial parent's income exceeds $15,000–$20,000/month and the custodial parent can demonstrate specific expenses tied to the child's standard of living. The burden is on the custodial parent to prove those needs with documentation — school invoices, medical bills, and a detailed monthly budget.
How Health Insurance and Childcare Affect the Calculation
Child support in Texas is calculated on net resources, not gross income. Net resources are reduced by Social Security taxes, federal income tax (single, one exemption), state income tax (zero in Texas), union dues, and the cost of health insurance for the child.
If the noncustodial parent provides health insurance for the child through an employer plan, the cost of adding the child to that plan is deducted from net resources before the percentage is applied. This can reduce the effective support obligation, sometimes significantly if the parent is on a high-deductible family plan.
Childcare costs are typically shared between parents as an additional obligation on top of guideline support, not folded into the percentage calculation. If you are paying for daycare or after-school programs, those costs may be addressed separately in your order.
The Modification Process in Montgomery County
Filing a child support modification in Montgomery County starts with a petition filed in the court that has continuing jurisdiction — typically the court that entered your original order. If your divorce was handled in the 284th District Court, your modification goes back to that same court.
The process generally takes 60 to 120 days if both parties cooperate, longer if contested. You will need to provide updated financial information, including recent pay stubs, tax returns, and proof of any changes in employment or expenses. If you and your co-parent can reach an agreement on the new amount, the court can approve it as an agreed modification — which is faster and cheaper than a contested hearing.
If you cannot agree, the court will hold an evidentiary hearing where both sides present their financial evidence and the judge applies the current guidelines, including the $11,700 cap.
Should You Modify Now or Wait?
If you are the custodial parent and you believe the noncustodial parent's income exceeds $9,200/month, there is little reason to wait. The modification only applies going forward from the date of filing — Texas does not allow retroactive increases to child support. Every month you delay is a month of lower support you cannot recover.
If you are the noncustodial parent and your income has decreased since your order was entered — a job loss, a pay cut, or a shift to self-employment — the modification process is a two-way street. While the custodial parent may seek higher support under the new cap, you can present evidence of reduced income that could lower your obligation below the current amount.
Either way, getting accurate legal advice before filing is essential. At Griffin & Cain, we help parents across Montgomery County, Walker County, and The Woodlands understand exactly where they stand before making any moves. Call (936) 441-2999 for a free consultation with a family law attorney who handles child support cases every week.
