High-Income Child Support in Texas: How the Above-Guideline Calculation Works

Texas calculates child support as a percentage of the paying parent’s net monthly resources, but only up to a cap. A parent who earns far more than the cap is not simply charged the percentage on every dollar, and the receiving parent is not assured more. Above the cap, the amount turns on the child’s proven needs and the parents’ circumstances, and that makes the evidence matter more than the formula. This page explains the current cap, how guideline support is calculated, what happens above the cap, how an older order can be changed, and what to gather before you meet with a lawyer.

Our family law team represents paying and receiving parents in high-income cases. This work is part of the practice of our San Antonio divorce lawyer team, and our page for a high-asset divorce lawyer in San Antonio covers how larger estates are handled. The first consultation is free.

The Cap Changed, and It Matters

The guidelines in Family Code Section 154.125 apply to a paying parent whose monthly net resources do not exceed a cap. The cap is the amount most recently published in the Texas Register by the Title IV-D agency, which is the Office of the Attorney General. The statute requires the agency to adjust the cap every six years for inflation, using the change in the Consumer Price Index over the 72 months before March 1 of that year, rounded to the nearest $50. The adjusted amount takes effect on September 1 of the adjustment year.

The Attorney General’s notice in the Texas Register sets the cap at $11,700 per month in net resources, effective September 1, 2025. Secondary sources report that the previous figure was $9,200. The notice describes the guidelines as applying to “situations” in which net resources do not exceed the cap. It does not say how the new figure applies to a case that was already pending on September 1, 2025, so ask us about the date of your filing and your order. Because the statute calls for adjustment every six years, the next scheduled change points to 2031.

How Guideline Support Actually Works Up to the Cap

Within the cap, the court starts with a presumption that the guideline amount is reasonable and that an order that conforms to it is in the child’s best interest (Section 154.122). The guideline amount is a percentage of the paying parent’s net resources, up to the cap, and the percentage depends on how many children the paying parent must support in this case.

The Guideline Percentages

For a paying parent whose net resources are at or above $1,000 per month, Section 154.125(b) sets these percentages. The last column is the percentage applied to the full $11,700 cap.

• One child: 20 percent, or $2,340 per month at the cap
• Two children: 25 percent, or $2,925 per month at the cap
• Three children: 30 percent, or $3,510 per month at the cap
• Four children: 35 percent, or $4,095 per month at the cap
• Five children: 40 percent, or $4,680 per month at the cap
• Six or more children: not less than the amount for five children

These dollar figures are the presumptive ceiling of the guideline calculation. A paying parent with net resources of $11,700 or more owes the same guideline amount as every other parent above the cap, before any additional support is considered. Our guide to how child support is calculated walks through the basic formula, and our child support calculator can estimate the base figure.

What Counts as Net Resources

Net resources are not the same as taxable income or take-home pay, and the definition in Section 154.062 is broader than many parents expect. It includes:

• All wages, salary and compensation for personal services, including commissions, overtime, tips and bonuses
• Interest, dividends and royalty income
• Self-employment income, less the ordinary and necessary expenses required to produce it, and the court may exclude depreciation, tax credits or other business expenses it finds inappropriate for child support
• Net rental income, after operating expenses and mortgage payments but without depreciation
• Other income actually received, such as severance pay, retirement benefits, pensions, trust income, annuities, capital gains, gifts, prizes and interest on notes

The statute excludes return of principal or capital and accounts receivable. It then subtracts social security taxes, union dues, the cost of health and dental coverage for the child, and nondiscretionary retirement contributions in some cases. Federal income tax is subtracted too, but it is computed as if the parent were a single person claiming one exemption and the standard deduction, not as the tax the parent actually pays. A high earner who pays less or more tax than that assumption should expect the court to use the statutory figure.

Under Section 154.069, the court may not add a spouse’s net resources to either parent’s net resources, and may not subtract a spouse’s needs or the needs of a spouse’s dependents. A new spouse’s income therefore does not raise the paying parent’s guideline amount, and the paying parent’s remarriage does not lower it.

What Happens Above the Cap: The “Proven Needs” Standard

When the paying parent’s net resources exceed the cap, Section 154.126(a) says the court presumptively applies the percentage guidelines to the portion that does not exceed the cap. Without further reference to the percentage, the court may order additional support “depending on the income of the parties and the proven needs of the child.” That language has two parts. The parents’ incomes matter, and so does the evidence of what the child actually needs.

Section 154.126(b) then describes how the court works through the numbers. The court subtracts the presumptive award from the child’s proven total needs, and it allocates the remaining needs between the parents according to their circumstances. The paying parent cannot be required to pay more than the greater of the presumptive amount or 100 percent of the child’s proven needs. The statute does not set a formula for dividing the remainder.

Here is an illustration with invented numbers. A father has net resources of $30,000 per month and two children. The presumptive award is 25 percent of the $11,700 cap, or $2,925. The mother offers evidence that the children’s total needs are $7,000 per month. The court subtracts $2,925 from $7,000, which leaves $4,075 in needs, and it divides that remainder between the parents based on their circumstances. The father’s total could not exceed the greater of $2,925 or $7,000, which is $7,000. The $30,000 figure sets his ability to contribute and does not set the amount.

What “Proven Needs” Actually Requires

“Proven” means evidence. A court does not assume that a wealthy parent’s children need a wealthy parent’s lifestyle, and it does not award more because the paying parent can afford it. The party asking for more than the presumptive amount has to show what the child’s needs are. Section 154.123(b) lists factors a court may consider in deciding whether to depart from the guidelines, and several of them describe the kinds of needs that matter in a high-income case:

• The age and needs of the child
• The parents’ ability to contribute to the child’s support
• Child care expenses needed for a parent to hold a job
• Education expenses beyond secondary school
• Health insurance and uninsured medical expenses
• Special or extraordinary educational, health or other expenses of the child
• Travel costs for possession of and access to the child
• Any other reason consistent with the child’s best interest

Private school tuition, tutoring, therapy, specialized medical care, activities and transportation are the expenses that most often come up. Records are the proof: invoices, statements, receipts and a budget that separates the child’s costs from the household’s. A parent who wants to show that the child’s needs are modest should bring the same kind of records. Evidence of what the family spent on the child during the marriage is often offered to show need, and a court is free to find that some past spending was a choice and not a need. Our guide to medical and educational expense agreements explains one way parents settle these costs without a contested hearing.

Income and Assets That Do Not Show Up on a Pay Stub

In a high-income case, the paying parent’s pay stub rarely tells the story. A business owner may take a modest salary while the company retains earnings. An executive may be paid mostly in bonuses and equity. A parent with inherited property may receive royalties, rent and trust distributions. The statute reaches many of these sources, and it gives the court tools when the numbers do not match the lifestyle.

• Self-employment income counts, less ordinary and necessary expenses, and the court may disregard expenses it finds inappropriate for child support (Section 154.065).
• If a parent is intentionally unemployed or underemployed, the court may apply the guidelines to the parent’s earning potential (Section 154.066).
• The court may assign reasonable deemed income to assets that do not produce income, after considering whether the property can be liquidated without unreasonable sacrifice, and to assets that were transferred or whose earnings were intentionally reduced (Section 154.067).
• Bonuses, royalties, trust income and capital gains are listed as resources in Section 154.062.

Whether a particular item counts, and in which month, can be a real dispute. Stock and option awards, deferred compensation, retained business earnings and distributions from entities are the usual examples, and the answer depends on the documents. The same records are usually needed for the property division, and the guides below on stock options, mineral rights and hidden assets explain how they are found and characterized.

Other Terms That Come Up in a High-Income Order

• Health insurance. The court must address medical support in the order. The first priority is coverage available through a parent’s employment at reasonable cost, and the cost of the child’s coverage is deducted in computing net resources (Sections 154.062, 154.181 and 154.182).
• How long support lasts. Support may run until the child turns 18 or graduates from high school, whichever is later, and it may continue indefinitely for a child with a disability (Sections 154.001 and 154.002). Education expenses beyond secondary school are listed as a factor for varying from the guidelines (Section 154.123(b)), but guideline support for a child without a disability ends with high school, so parents who intend to pay for college usually put that in their agreement.
• Agreements. Parents may agree in writing to an amount different from the guidelines, including more than the guideline amount. If the court finds the agreement is in the child’s best interest, it renders an order in accordance with it (Section 154.124). An order that varies from the guidelines requires findings explaining why (Section 154.130).

Many high-income parents settle child support in a mediation along with the rest of the divorce. Our San Antonio child support lawyer page explains the process from the filing to the order.

If You Have an Existing Order From Before the Cap Increase

An order does not update itself when the cap changes. Someone has to ask the court to modify it, and the grounds are in Section 156.401. A court may modify an order if the circumstances of the child or a person affected by the order have materially and substantially changed since the order was rendered, or if three years have passed since the order was rendered or last modified and the monthly amount differs by 20 percent or $100 from the amount the guidelines would produce today. The second route is the one a higher cap often opens, because it can raise the guideline amount for a parent with high net resources. We check both measures, because the statute says 20 percent or $100.

• If the parents agreed to an amount that differs from the guidelines, the court may modify only on a material and substantial change (Section 156.401(a-1)).
• A modified amount applies only to support accruing after the earlier of service of citation or the filing party’s appearance in the suit (Section 156.401(b)). Waiting to file can cost the receiving parent money that cannot be recovered later, and filing sets a date a paying parent should be prepared for.
• The court may consider the guidelines in deciding whether there has been a material and substantial change, and it may modify an order that does not substantially conform to the guidelines if modification is in the child’s best interest (Section 156.402).

A parent who pays under an order set at the old cap should know the exposure before the other parent files. A parent who receives it should know whether the order is eligible and what the likely difference is. Our modifying child support page covers the process, and a divorce modification lawyer in San Antonio can review the order and the numbers.

When a Parent Supports Children From More Than One Family

When the paying parent also has children outside the case, Section 154.128 reduces the amount. The court first computes the support as if all of the parent’s children lived in one household. It then divides that amount by the total number of children the parent must support and multiplies by the number of children not before the court, which gives a credit. The credit is subtracted from the parent’s net resources, and the percentage for the children before the court is applied to the result. The total includes any other children the parent has a legal duty to support, including children who live with the parent. Section 154.129 allows the court to use a table instead. For one child before the court, the table percentage drops from 20 percent when the parent has no other children to 16 percent when the parent supports two others.

More About High-Net-Worth Divorce in San Antonio

These guides cover related questions in more depth. Each one is written for Texas and Bexar County.

• Hidden assets in divorce: how concealed property is found and what the court can do about it.
• Stock options and executive compensation: dividing equity pay earned during the marriage.
• Oil, gas and mineral rights: how royalties, bonuses and delay rentals are characterized.
• Keeping a divorce private: what can be sealed and what stays public.
• Spousal maintenance in high-net-worth divorce: when support after divorce is available and how long it lasts.
• Dividing an expensive marital home: when a home held by a trust or an LLC changes the cost of the case.
• Whether assets are split 50-50: how a court divides what is community property.
• The Texas Family Code: how the code is organized and where these rules sit.

How We Approach High-Income Child Support

Barton & Associates has tried Texas cases since 2001, and the family law team includes Duane Graeff, our managing attorney with more than 26 years in Texas state and federal courts, and trial attorney Désirée Flye. We represent paying parents and receiving parents, and we tell you which side we are on from the first meeting.

We start by working out the paying parent’s net resources, because every other step depends on that figure. Then we compare the guideline amount with the child’s actual needs, identify what evidence each side will need above the cap, and decide whether the case is better settled or tried.

Get a Real Answer for Your Specific Situation

An accurate answer needs the numbers in front of us. Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205. You can get directions to our office before your visit. For the first meeting, bring what you can of the following, and call even if you cannot find everything.

• Your current child support order or decree, and any agreement between the parents
• Pay stubs, W-2s and Forms 1099 for the last three years, and bonus and equity award statements
• Personal and business tax returns for the last three years, including any Schedules K-1
• Business financial statements and a record of owner distributions, if either parent owns a business
• Statements for rental property, royalties, trusts and investment accounts
• Records of the cost of the children’s health insurance
• Invoices and receipts for tuition, tutoring, therapy, medical care, child care, activities and travel for possession
• A monthly budget that separates the children’s costs from the household’s
• Papers you have been served with, if a case has already been filed

Frequently Asked Questions

Does the $11,700 cap automatically apply to my existing order?

No. An order does not change when the cap changes. Someone has to ask the court to modify it, and Section 156.401 sets the grounds: a material and substantial change in circumstances, or three years since the order was rendered or last modified with a monthly amount that differs from the guideline amount by 20 percent or $100. If your order was set by agreement at an amount that differs from the guidelines, the court may modify it only for a material and substantial change.

Will I automatically pay more if I earn above the cap?

No. For net resources above the cap, Section 154.126 allows additional support depending on the income of the parties and the proven needs of the child. The receiving parent has to show what the child needs. The court subtracts the guideline amount from those needs and divides the rest between the parents, and the paying parent cannot be made to pay more than the greater of the guideline amount or 100 percent of the child’s proven needs.

What is the cap, and how often does it change?

The Attorney General’s notice in the Texas Register sets the cap at $11,700 per month in net resources, effective September 1, 2025. Section 154.125 requires the cap to be adjusted every six years for inflation, with the new amount taking effect on September 1 of the adjustment year.

What income counts toward net resources?

Wages, bonuses, commissions, interest, dividends, royalties, self-employment income, net rental income, trust income, retirement benefits, severance and capital gains all count, with return of principal and accounts receivable excluded (Section 154.062). The statute then subtracts taxes, union dues, the cost of the child’s health coverage and some retirement contributions. Federal income tax is computed as if the parent were a single filer with one exemption and the standard deduction.

Do bonuses, royalties and stock awards count?

Bonuses and royalties are listed in Section 154.062. Stock and option awards are less clear-cut, and whether they count and in which month depends on the plan documents and when the parent receives value. Bring the award agreements and the vesting statements to your consultation so we can review them.

Does my new spouse’s income affect my obligation?

No. Under Section 154.069 the court may not add a spouse’s net resources to a parent’s net resources or subtract a spouse’s needs from them. Remarriage does not change a parent’s guideline obligation, though a parent’s own income and resources still do.

What if I support children from another relationship?

Sections 154.128 and 154.129 adjust the percentage that applies in the current case. The court computes a credit for the children who are not before it and subtracts the credit from the paying parent’s net resources, or it may use a table of reduced percentages.

What if the paying parent reduces income on purpose?

If a parent is intentionally unemployed or underemployed, the court may apply the guidelines to the parent’s earning potential (Section 154.066). It may also assign deemed income to assets that do not produce income or that were transferred or reduced on purpose (Section 154.067). Records of the parent’s past income and the timing of any change are the evidence.

Can the parents agree on something different from the guidelines?

Yes. Parents may sign a written agreement that varies from the guidelines, including a higher amount. If the court finds it is in the child’s best interest, it renders an order in accordance with the agreement (Section 154.124). Because the order varies from the guidelines, the court makes findings explaining the reasons (Section 154.130).

Will the court order private school tuition or other extra expenses?

It may, if the evidence shows the expense is a need of the child and the parents can contribute. Section 154.123 lists special or extraordinary educational and health expenses as factors, and Section 154.126 ties additional support above the cap to the child’s proven needs. Many parents settle tuition and similar costs by agreement, and the record of what the school and providers charge is the starting point.

Is it worth requesting a modification if my order is only a little old?

It depends on the numbers. An order that qualifies under the three-year route may produce a small or a large difference, and an agreed amount that differs from the guidelines needs a material and substantial change. A modified amount applies only to support accruing after service or an appearance in the suit (Section 156.401(b)), so the date matters. We can compare your order with the current guideline before you decide.

Talk to a San Antonio Attorney About Your Child Support Case

Whether you pay or receive support, the outcome above the cap depends on the numbers and on the proof. Speak with a divorce attorney in San Antonio at Barton & Associates about your income, your order and your goals before you file or agree to anything.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting with a family law attorney in San Antonio. The office is at 115 Camaron Street, San Antonio, Texas 78205.

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Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000

Division: Family Law San Antonio
Practice Area: Divorce & Separation
Focus Area: High-Net-Worth Divorce