Should You Hire an Attorney to Increase Child Support?

When a parent believes the other parent is underpaying child support—or when income has changed significantly over time—the natural instinct is to “call a lawyer.” But before making that investment, it’s wise to step back and analyze whether hiring private counsel is likely to produce a financial return that justifies the legal expense.
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In many cases, a child support increase can bring meaningful financial relief for a child. In other cases, the cost of litigation might outweigh the benefit. This article helps you understand how to make that decision through a simple cost-benefit analysis—and explains the current Texas child support rules so you can estimate the potential value of a modification.

How Child Support Is Calculated in Texas (2025 Law)
Texas calculates guideline child support based on the obligor’s monthly net resources, which include:

• Wages, salary, commissions, bonuses
• Self-employment income
• Rental property income (after operating costs and mortgage payments)
• Interest, dividends, retirement income
• Any other income actually received

The percentage applied to net resources depends on the number of children before the court:

• 1 child: 20%
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5 children: 40%
• 6+ children: not less than 40%

✔ Net Resources Are Capped
Texas only applies these percentages to net resources up to a statutory cap.
As of September 1, 2025, the cap is:
🔹 $11,700/month in net resourcesMaximum guideline for one child: $2,340/month
Before this adjustment, the cap was $9,200/month (maxing out at $1,840/month). Many older orders were based on this lower cap.
This means that for parents whose income places them above the new cap, there may be hundreds of dollars per month in potential increased support.

Medical Support (2025 Rules)
Texas also requires medical support in addition to child support:

• The obligor must provide health insurance at a reasonable cost, or reimburse the other parent for coverage.
• The obligor must also pay cash medical support if insurance is not available at reasonable cost.
• Uninsured medical expenses are typically split 50/50 unless the court orders otherwise.

These obligations are separate from the monthly child support amount and should be included when evaluating the financial impact of a modification.

Why a Cost-Benefit Analysis Matters
Hiring a child support attorney is an investment, and like any investment, you want to ensure the return is worth the upfront cost.
To make a smart decision, ask:

✔ How much more child support might I receive?
✔ For how many months or years?
✔ How much will legal representation cost?

If the added support over time far exceeds legal fees, moving forward with private counsel may make financial sense.
If not, pursuing an increase through the Attorney General’s Office—which is free—may be the better path.

Hypothetical Example #1: High-Income Parent With Rental Properties
Scenario:
A mother receives $1,840 per month under an older order based on the previous cap. The father now owns rental properties and earns more than before. Under the new cap, support for one child could be $2,340/month.

​Potential increase: $500/month
Remaining years until child turns 18: 12 years (144 months)
Lifetime benefit:
$500 × 144 = $72,000

If an attorney charges $8,000–$12,000 to pursue discovery and a court hearing, the financial return still heavily favors pursuing the modification:
Net gain: $60,000+

Conclusion:
Hiring an attorney likely makes financial sense.

Hypothetical Example #2: Modest Income Increase
Scenario:
The obligor’s income rises slightly. The parent seeking a modification estimates a possible increase of $100/month over the remaining 6 years.

Potential increase: $100 × 72 months = $7,200
If hiring an attorney costs $5,000–$8,000, the cost might outweigh the benefit.

Conclusion:
Use the Attorney General’s Office instead of hiring private counsel.

Hypothetical Example #3: Cooperative Co-Parents
Sometimes the financial picture is only part of the equation. If the parents have a strong co-parenting relationship and litigation may create conflict or resentment, the emotional and practical costs must also be considered.

Scenario:
Parents get along well. A child support increase may be justified mathematically, but the parent requesting it fears that a contested legal battle could damage cooperation that benefits the child.

Conclusion:
Non-adversarial approaches—such as negotiating directly, attending mediation, or letting the OAG handle the review—may be wisest.

When Hiring an Attorney Makes the Most Sense
You may benefit from private counsel if:

• The other parent is hiding income (rental properties, self-employment, cash businesses).
• You need to issue subpoenas, take depositions, or compel production of records.
• The estimated increase is $300–$500 or more per month.
• There are 10+ years left until the child turns 18.
• The new statutory cap creates a significant gap between your current order and current guidelines.

When the Attorney General May Be Enough
It may be better to work through the OAG if:

• The increase is small (<$150/month).
• The child is older (few years remaining).
• You cannot afford private legal fees.
• Cooperation with the other parent is more valuable than pursuing a contested case.

Bottom Line: Run the Numbers Before You Run to Court
A child support modification can offer real financial stability—but only if the long-term benefits outweigh the short-term costs. By understanding the 2025 child support guidelines and running a cost-benefit analysis, you can make a well-informed decision about whether to hire a private attorney or rely on the Attorney General’s Office