In Texas family law, many people walk into custody and support battles with dangerous misconceptions. One of the most common? That making more money means more control over your children’s future. But in reality, the court’s focus isn’t on your paycheck—it’s on the best interests of the child.
At Ilarraza Law, we help parents across Texas understand how custody and support decisions really work, especially in high-conflict or high-income situations. Here’s what you need to know.
Does Being the Breadwinner Mean You’ll Win Custody?
No. In fact, it can sometimes work against you. Courts evaluate what’s called the “Holley factors”—a list of criteria developed by the Texas Supreme Court in Holley v. Adams. These factors guide judges in making custody decisions based on a child’s best interests.
Some key Holley factors include:
- Who meets the child’s physical and emotional needs?
- Who takes the child to medical appointments and school meetings?
- What does the child want (depending on age and maturity)?
- Is there a history of abuse or neglect?
- What will maintain stability for the child?
Nowhere in that list is “who makes more money.” In fact, if your high income is tied to long work hours, that can hurt your chances if it means you’re less available to care for the child.
Understanding the Child Support Cap in Texas
Texas law sets a cap on the net resources that can be used to calculate child support. Currently, that cap is $9,200/month (or about $110,000 annually). That means a person making $9 million could pay the same base amount as someone earning just over six figures.
Here’s how it breaks down:
- 1 child: 20% of capped income
- 2 children: 25% of capped income
- And so on…
Unless a judge specifically deviates from the guidelines, that’s the maximum standard support they’ll order.
What Is a Child Support Offset?
In cases of 50/50 custody, courts sometimes apply a child support “offset.” This balances financial responsibilities between both parents rather than sending money both ways.
Here’s an example:
- Dad earns enough to owe $1,000/month in support
- Mom earns less and would owe $700/month
- Rather than transferring money both ways, the court just makes Dad pay the $300 difference
Offsets help ensure fairness without creating unnecessary back-and-forth payments.
What About Private School, Club Soccer, or Summer Camps?
Texas child support laws don’t account for extracurriculars or private education costs unless both parties agree. That means the default child support calculation won’t include:
- Travel sports teams
- Private tuition
- Art classes, music lessons, etc.
If you want these expenses split or reimbursed, it must be part of your mediated agreement or court order. Otherwise, the receiving parent can use support funds however they choose—including paying for those extras, or not.
Can Courts Deviate From the Child Support Guidelines?
Yes, but it’s rare. Courts may deviate if:
- There’s a significant income disparity and the standard cap doesn’t meet the child’s actual needs
- A child has special medical or educational needs
- There’s a shared parenting plan that shifts the burden
Still, you’ll need to present solid evidence and justification. Judges don’t modify support just because one parent earns more.
Why the Holley Factors Still Rule Custody Decisions
Let’s go back to the core of custody in Texas: the Holley factors. These reflect what the court considers “the best interest of the child.” That standard doesn’t reward financial success—it rewards consistent parenting, emotional availability, and responsible behavior.
In high-net-worth divorces, this often means a reality check. Yes, financial support is important. But it won’t buy time, emotional connection, or legal leverage in the custody process.
Don’t Let Misconceptions Cost You in Court
If you assume your income gives you an edge, you may overlook the actual issues that matter. If you assume the court will split private school tuition automatically, you may end up stuck with the full bill. That’s why working with a law firm that actually educates you—like Ilarraza Law—is so critical.
We work closely with each client to:
- Clarify their legal standing
- Build strong custody narratives based on the Holley factors
- Calculate support accurately and plan for fair agreements
- Prepare for potential negotiations or court deviations
We Help You Protect What Matters Most
Your children deserve stability. You deserve clarity. Whether you’re navigating a high-income divorce or a heated custody dispute, we’ll walk with you every step of the way.
