713-333-4430Can Child Support Go Above the $11,700 Cap? How “Proven Needs” Works in Real Cases
Many Texas parents are familiar with the $11,700 cap in child support and assume that this is a hard cap limiting how much income can be used to calculate child support each month. However, it’s more complex than that. Although this is the limit for calculations under Texas child support guidelines, it doesn’t mean that the courts won’t award more than what is calculated at the $11,700 net resource limit. However, you have to meet strict legal requirements—and whether you’re on the paying or receiving side, it’s important to discuss your next steps with a child support attorney in Texas.
At Boudreaux Hunter & Associates, LLC, we advocate for our clients and their children’s best interests. Our team has several experienced child support lawyers, including attorney Dena Lipper. Her in-depth understanding of the legal side of family law struggles and what clients are going through emotionally makes her a dedicated resource for her clients. Schedule a consultation now by calling our child support law firm at 713-333-4430.
What the $11,700 Cap Means in Texas
In Texas, child support is based on a percentage of the paying parent’s monthly net resources. However, it’s only up to a maximum of $11,700 in monthly net resources. For example, if someone has net resources of $11,700 per month and pays child support for one child, it would be 20% of their net resources or $2,340. The cap means that even if a parent earns more—for example, $20,000 per month—their child support would still be based on $11,700 of income per month.
When Texas Courts Go Above and Beyond This Amount
However, the $11,700 cap applies to the guideline calculations—not a judge’s authority to order more. Per Texas law, courts can deviate from child support guidelines when evidence shows that guideline support is not enough to meet the child’s needs. It isn’t about equalizing parents’ income or punishing the higher-earning parent. It’s about ensuring that the children’s needs are met and that both parents are pulling their weight.
Your child support attorney can help you determine if your situation may call for going outside of Texas guidelines. The court may go above the support cap if the child’s needs exceed what support calculations would reasonably collect and those needs are supported by evidence.
Defining “Proven Needs”
“Proven needs” may seem like a vague term, but this allows parents to account for a wide range of potential needs a child may have. To prove that a child has additional needs not accounted for in child support calculations, you have to show that expenses are:
- Child-specific, not meant to improve the household or family in general
- Necessary and reasonable, not just preferred by the receiving parent
- Supported by actual documentation, not vague estimates or assumptions regarding cost
Judges look closely at these requests to determine whether or not the requesting parent is actually accounting for a child’s needs or making requests based on unclear calculations.
Examples of Proven Needs That May Result in Higher Support Amounts
If your child has extra expenses that may exceed what child support guidelines cover, a child support lawyer can help you make your case. Examples of proven needs that may lead to higher child support payments include:
- Medical expenses or expenses related to a child’s developmental needs
- Educational needs, such as private school tuition
- Specialized training or extracurriculars, like competitive athletics
- Lifestyle continuity when a child is used to a certain standard of living that the child support guidelines cannot accommodate
It’s important to note that even in these situations, a child support increase is not guaranteed. The court will assess whether the given expenses are reasonable and necessary—they are unlikely to go above the child support cap for requests considered excessive or indulgent.
Choose Boudreaux Hunter & Associates for Your Child Support Needs
Our child support law firm is here to help you protect your child’s best interests and your financial security. Set up a consultation now by calling us at 713-333-4430 or contacting us online.
Shannon L. Boudreaux is a passionate advocate for her clients, working on their behalf to help them reshape their lives, their families, and their futures. For two decades, she has helped reunite parents with their children and helped clients negotiate contentious custody disputes. Learn more here.
