Many people wonder whether courts can exceed the Texas child support cap for high-earning parents. The Texas child support guidelines set a maximum income level to which they can apply. The court is unable to order child support above guideline amounts even when both parents earn exceptionally high incomes unless specific evidence demonstrates that guideline support falls short of meeting the child’s needs.
The court has the authority to order support above the guidelines, but the parent requesting higher support must demonstrate statistical criteria and present evidence to support their claim.
Texas Family Code § 154.125 applies only the percentages set forth in the statute to income earned up to the statutory cap. Texas child support laws also allow the court to award child support in an amount other than the guideline amount if the variance is in the best interest of the child and the child’s needs have been proven by evidence.
Example of Going Above the Cap
According to the CDC, the divorce rate in Texas is 2.1, and the fertility rate for women aged 15 to 44 is 60.6 births per 1,000, showing the importance of making proper and healthy support decisions regarding children. Also, about one in four children under 21 lived with just one parent in 2022, with the other parent living outside the home.
An example of a case in which a court would award child support above the guidelines is when evidence shows the child has reasonable needs that the guidelines would not cover. Some examples may include private school tuition, unreimbursed medical expenses, therapies, tutoring, special dietary requirements, and competitive team fees. Keep in mind that the court’s focus is on the needs of the child and not the wealth of the parents.
Any deviation from the guidelines must be supported by documentation and evidence that can be upheld in the Travis County Civil and Family Courts Facility, 1700 Guadalupe Street, Austin, TX 78701. Judges in this courthouse love documentation and credible testimony.
Who Has the Burden of Proof?
The parent who wants more than the guideline amount of child support has the burden of proof. The court will want to see documentation showing why the requested child support amount is necessary and how the money will be spent. For example, if you are asking the Court to pay for private school tuition, you will need to bring proof of tuition. When parents seek increased child support based on their preferred lifestyle choices, they generally lose in court.
Income is often derived through bonus plans, stock options, business distributions, and deferred compensation. Courts will look to whether the income generated by these vehicles is truly being minimized or maximized for litigation purposes.
Do You Need to Hire a Child Support Lawyer?
Arguments for deviation from the guidelines change the landscape of your child support case. You should hire a child support lawyer as soon as possible to prevent paying for expenses that are unsupported or document extra needs before positions become entrenched and expensive.
About the Law Office of Ben Carrasco, PLLC
The Law Office of Ben Carrasco, PLLC, helps clients throughout Austin in high-income child support cases related to divorce and custody disputes. Ben Carrasco is Board Certified in Family Law. He also practices in all family law arenas and spends much of his time in Travis County litigating child support cases involving deviations from the guidelines. Contact us today to speak with a Texas child support attorney.
