At Griffin & Cain, Attorneys at Law, our Conroe-based family law attorneys have already begun helping clients across The Woodlands, Huntsville, and surrounding communities understand how these changes impact their specific situations. Whether you’re the parent paying support or the parent receiving it, this guide will explain everything you need to know about the 2025 Texas child support changes.
Understanding the New Child Support Cap in Texas
Texas calculates child support using a percentage of the paying parent’s “net resources”—essentially their income after certain deductions. However, the state places a cap on how much income can be considered when calculating support. Before September 2025, that cap was $9,200 per month. Now, it’s $11,700 per month.
What This Means in Real Numbers
Under Texas law, child support is calculated as a percentage of net resources based on the number of children:
- 1 child: 20% of net resources
- 2 children: 25% of net resources
- 3 children: 30% of net resources
- 4 children: 35% of net resources
- 5 children: 40% of net resources
- 6+ children: Not less than the amount for 5 children
With the new $11,700 cap, here’s what maximum child support looks like for one child:
| Scenario | Old Cap ($9,200) | New Cap ($11,700) | Difference |
|---|---|---|---|
| Maximum support for 1 child | $1,840/month | $2,340/month | +$500/month |
| Annual maximum (1 child) | $22,080/year | $28,080/year | +$6,000/year |
For parents with multiple children or those earning above the previous cap, this change can mean hundreds or even thousands of dollars more per month in child support.
Does This Change Affect Your Current Child Support Order?
Here’s the critical point many parents miss: the new cap doesn’t automatically change existing child support orders. If you have a current order based on the old $9,200 cap, it remains in effect until someone files for a modification.
Who Should Consider Filing for Modification?
You may have grounds to modify your child support order if:
- The paying parent earns more than $9,200/month in net resources: If the original order was capped at $9,200 but the paying parent actually earns more, the new cap allows for recalculation using up to $11,700 in monthly net resources.
- The paying parent’s income has increased since the original order: Combined with the new cap, income changes may significantly affect support calculations.
- There has been a “material and substantial change” in circumstances: Texas law requires this standard for modifications, and courts are now considering whether the legislative cap increase alone constitutes such a change.
- It has been three or more years since your last order: Texas allows modifications when the order is at least three years old and the new calculation would differ by 20% or $100.
Important Considerations for Montgomery County Parents
If you’re considering a child support modification in Montgomery County, it’s important to understand that local courts have their own procedures and timelines. The Montgomery County family courts, located in Conroe, typically require specific documentation including recent pay stubs, tax returns, and financial affidavits. Our attorneys regularly appear in these courts and understand the local expectations.
How the 2025 Child Support Changes Work with the Texas Guidelines
Texas uses what’s called the “child support guidelines” to calculate support obligations. While the basic percentages haven’t changed, the increased cap means more income is now subject to those percentages.
Net Resources: What Counts and What Doesn’t
Net resources include:
- Wages and salary
- Self-employment income
- Tips, commissions, and bonuses
- Interest, dividends, and royalties
- Rental income
- Retirement and pension income
- Trust distributions
- Annuity payments
- Social Security benefits (except SSI)
Certain deductions are subtracted to arrive at net resources, including:
- Federal income taxes
- Social Security taxes
- State income taxes (if applicable)
- Union dues
- Health insurance premiums for the child
- Child support for other children from previous relationships
Special Circumstances: When Courts Deviate from Guidelines
Even with the new cap, Texas courts have discretion to order support above or below the guidelines in certain circumstances. Factors that may justify deviation include:
- The child’s age and special needs
- Educational expenses
- Travel costs for possession and access
- Healthcare needs not covered by insurance
- The paying parent’s ability to pay
- The receiving parent’s financial resources
- Child care expenses
- The cost of extracurricular activities
For families in The Woodlands, Conroe, and other Montgomery County communities where the cost of living continues to rise, these factors can significantly impact the final support amount ordered by the court.
The Modification Process: What to Expect
If you decide to pursue a child support modification based on the new cap, here’s what the process typically involves:
Step 1: Gather Financial Documentation
You’ll need to compile comprehensive financial records, including:
- Recent pay stubs (typically the last 3-6 months)
- Tax returns from the past 2-3 years
- W-2s and 1099s
- Bank statements
- Documentation of bonuses, commissions, or irregular income
- Proof of health insurance costs
- Records of any existing child support obligations
Step 2: File a Petition to Modify
Your attorney will file a petition in the court that issued your original order. For most Montgomery County and Walker County residents, this means filing in the appropriate district court in Conroe or Huntsville.
Step 3: Serve the Other Parent
The other parent must be formally notified of the modification request. They’ll have an opportunity to respond and present their own financial information.
Step 4: Negotiation or Hearing
Many modification cases settle through negotiation or mediation. If the parents can’t agree, the court will hold a hearing to determine the new support amount.
How This Affects High-Income Parents
Parents earning significantly above the cap face unique considerations. If you earn $15,000, $20,000, or more per month in net resources, the court may consider ordering support above the guidelines based on the child’s needs and your ability to pay.
For high-net-worth families in The Woodlands and surrounding Houston communities, it’s particularly important to work with experienced family law attorneys who understand complex income structures, including:
- Stock options and restricted stock units (RSUs)
- Deferred compensation
- Business ownership income
- Investment income and capital gains
- Rental property income
What If the Other Parent Won’t Cooperate?
If you’re entitled to increased child support but the other parent refuses to participate in modification proceedings or comply with orders, Texas provides enforcement mechanisms, including:
- Wage withholding orders
- License suspensions (driver’s, professional, hunting, fishing)
- Passport denial
- Credit bureau reporting
- Liens on property
- Contempt of court (which can result in jail time)
Timeline: When Should You Act?
While the new cap took effect September 1, 2025, there’s no deadline to file for modification. However, there are strategic reasons to act sooner rather than later:
- Modifications aren’t retroactive: Generally, a new support amount takes effect from the date of filing, not before. The longer you wait, the more potential support you may miss.
- Court backlogs: Montgomery County and Walker County family courts often have significant caseloads. Filing early helps ensure your case is heard in a timely manner.
- Financial planning: Whether you’re paying or receiving support, knowing your new obligations helps you budget and plan accordingly.
Frequently Asked Questions About the 2025 Child Support Changes
Does the new cap apply to my existing order automatically?
No. Existing orders remain in effect until modified. You must file a petition to modify to take advantage of the new cap.
Can I modify my order even if my circumstances haven’t changed?
Possibly. While Texas typically requires a “material and substantial change” for modifications, the significant legislative increase to the cap may itself qualify. Courts are still developing how they’ll handle these cases.
Will the other parent know my current income if I file for modification?
Yes. Both parties must provide financial disclosure in modification proceedings. This is a two-way street—you’ll also learn about any changes in the other parent’s income.
How long does the modification process take?
In Montgomery County, modifications typically take 2-6 months depending on whether the parties can reach an agreement. Contested cases requiring a hearing may take longer.
What if I can’t afford the increased support?
If you’re the paying parent and believe the new calculation would create undue hardship, you can present evidence to the court. Judges have discretion to consider your ability to pay along with your other financial obligations.
Take Action: Speak with a Montgomery County Child Support Attorney
The 2025 Texas child support changes represent a significant opportunity—or obligation—depending on your situation. Whether you’re seeking to increase the support your child receives or you’re concerned about how the new cap affects your payments, you deserve clear guidance from attorneys who understand Montgomery County family courts.
At Griffin & Cain, Attorneys at Law, our experienced child support attorneys serve families throughout Conroe, The Woodlands, Huntsville, and the greater Houston area. We offer free consultations to help you understand your options and develop a strategy tailored to your family’s needs.
Contact us today to schedule your consultation and learn how the new Texas child support guidelines affect your case.
