Do High-Income Parents Pay More Child Support in Texas?
Texas child support laws are designed to ensure that children receive financial support from both parents, regardless of family structure. However, when one parent earns a high income, calculating support payments becomes more complex. If you are a high earner or you are seeking support from one, it is important to understand how Texas law treats income above standard levels.
Whether you are paying or receiving support, having the right legal guidance can ensure that your child’s needs are met without resulting in an unfair burden on either parent. Our Fort Worth, TX child support lawyers can help you with child support and any other issues during your divorce.
What Does Texas Law Say About Child Support?
Texas uses a standardized formula to calculate child support. The system is based on a percentage of the paying parent’s monthly net resources after taxes and certain deductions, and applies the percentage based on the number of children. For example, the guideline amount for one child is 20 percent of the paying parent’s net monthly income, increasing with additional children.
However, these guidelines only apply up to a certain income cap. As of 2023, the cap is $9,200 per month in net resources. This number is adjusted periodically to reflect inflation.
What Happens if a Parent Makes More Than the Texas Child Support Income Cap?
If the paying parent earns more than $9,200 in net monthly income, the court does not simply apply the guideline percentage to their full income. Instead, judges can order additional support only if the receiving parent shows that the child’s needs exceed what the guideline amount would cover.
This is where high-income child support cases become more complicated. A court may consider:
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Private school tuition
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Private childcare like nannies and tutors
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Extracurricular activities or specialized programs
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Travel costs for visitation
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Unique medical or developmental needs
Judges have the discretion to go beyond the guidelines when justified by the child’s lifestyle before the divorce or the demonstrated needs of the child. However, they are not required to do so just because a parent earns a high salary.
Is High-Income Child Support Automatically Higher?
Texas law does not assume that just because one parent earns a lot, the child support should be higher. The burden is on the requesting parent to show why the guideline amount is not enough to support the child’s best interests.
In many high-income cases, parents argue over what qualifies as a "need" versus a "luxury." These disagreements may involve issues like whether a child should be in private or public school, how parents should divide costs like tutoring or therapy, and whether travel for educational programs is necessary. An experienced attorney can help present the documentation and arguments needed to support or challenge higher-than-guideline child support.
Child Support Modifications for High-Income Parents
Just like in any other case, child support orders in high-income situations can be modified when there is a material and substantial change in circumstances. This could include a major raise, job loss, remarriage, or changes in the child’s needs.
However, courts will not modify an order just because one parent wants to pay less or believes the other is misusing funds. The change must be significant and relevant to the financial care of the child.
Contact a Fort Worth, TX Child Support Attorney
If you are involved in a child support case where one or both parents have a high income, it is important to get legal advice tailored to your specific circumstances. Contact a Fort Worth, TX child support lawyer at The Law Office of J. Kevin Clark P.C. to schedule your free consultation. We can help you pursue a fair support order that reflects both your financial situation and your child’s real needs. Call 817-348-6723 today.