Child Support Recipients Could Receive More Money
Texas child support increases are effective beginning September 1, 2019, and if affected, you might need a child support modification. Whether you are paying or receiving child support, you should be aware of the new amounts. While you are not required to file a child support modification, you must file one if you want to increase the amount in the child support order. There is no automatic increase in monthly amounts, and you must file a child support modification to receive an increased amount in child support.
A child support modification is a new legal action that asks the Court to make a new order for child support applying the new guideline amounts. This means that your lawyer must file a new petition that is served on the party paying child support. Your attorney can negotiate an agreed support order to save time and resources.
Child support guidelines apply the percentage of child support allowed per child to the net monthly resources of the child support obligor. A child support order and a withholding order is entered and tendered to the employer of the child support obligor in most cases, and the money is automatically withheld from the obligor’s paycheck.
Listen to our podcast: Child Support Calculations in Texas as Wichita County, Texas Divorce Attorney Richard T. Sutherland explains how everything works and what to expect.
The new maximum guideline amount is set at $9,200 monthly, replacing the current cap set at $8,550. The guideline for one child increases from $1,700 to $1,840.
Increase in Child Support Guideline Maximum Monthly Payment
The maximum amount you can be ordered to pay in child support is the “cap.” Even if your net monthly resources (a calculated amount of your income amounts available to pay support) is more than $10,000, the maximum amount you can be ordered to pay is $8,550 monthly, which increases to a maximum cap of $9,200 monthly for child support orders entered on or after the effective date of September 1, 2019.
You could reach the maximum amount with a calculation based on one child and a high income earning obligor or when there are four or more children and the obligor is paying a larger percentage of net monthly resources for child support.
Contact Richard T. Sutherland for a consultation to determine if you qualify for a child support modification.
Modifications Available for Maximum Guideline Child Support
For one child, the maximum child support is determined by the guidelines. The guidelines are signed into law and included in the Texas Family Code. While most people follow the child support guidelines, you and the other parent can always negotiate other agreements that may be accepted by the Court when they are in the best interests of the child.
The Texas Child Support guideline amount of support that can be ordered for one child is twenty percent (20%) of the net monthly resources of the child support obligor (the parent ordered to pay support). The maximum of that amount is capped at $1,710 monthly, increasing to $1,840 monthly on September 1.
The Texas Legislature Increases Child Support Guidelines
To increase the child support maximum amounts to keep up with the cost of living and inflation, generally, the Texas House and Senate vote on increases to the caps for determining child support. The increases are voted on every six years. The guideline increases are based on the Consumer Price Index (CPI). The last increase in child support laws was in 2013.
Learn more about the CPI: Consumer Price Index Frequently Asked Questions
September 1, 2019, is the Effective Date for New Child Support Guideline
In order to receive more money in child support, from the child support obligor, you must file a modification case on or after September 1, 2019. When a petition for modification is filed and served on the other party, your attorney can request their updated financial records to set a new proposed amount of child support to be paid monthly.
Even though the child support guidelines have increased, the income of the child support obligor may have changed as well. If the child support obligor is making less money, the child support amount the Court may order could reflect a lower monthly support order. Your attorney can help determine your rights and options regarding child support modifications.
Call Richard T. Sutherland for Child Support Modification in Wichita County, Texas (940) 691-2100
Richard T. Sutherland is a Wichita County divorce and family law attorney who can help you with a child support modification case. In his family law career, Sutherland has advised and represented many child support obligors and recipients at all income levels. He understands how and why it can be a good time to file a child support modification.
Wichita Falls Family Law Attorney Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.