September 1, 2025 is the date that matters. Three significant changes to Texas family law took effect that day, and whether you have an existing custody order, an active child support case, or are about to file in Denton County, at least one of them likely applies to your situation. Our team at Goline & Roland Law Firm, PLLC has already been fielding questions from local parents trying to sort out what changed, what didn’t, and what they should actually do about it.
The most important thing to understand before reading further: new laws don’t automatically update existing court orders. Your order stays exactly as written until a court modifies it. What these changes do is create new grounds and new incentives for parents to request modification they might not have pursued before.
The Child Support Cap Just Went Up by $2,500 per Month
Texas Family Code §154.125 sets a ceiling on the income courts apply the standard percentage guidelines to when calculating child support. That ceiling (the net monthly resources cap) rose from $9,200 to $11,700 effective September 1, 2025, one of the largest single increases in the cap’s history.
The percentage guidelines themselves didn’t change. Courts still apply 20% of net monthly resources for one child, 25% for two, and 30% for three. What changed is the maximum income those percentages apply to, so the cap increase only affects parents whose net monthly income exceeded $9,200. For parents in higher income brackets, the math shifts considerably: maximum guideline support for one child rises from $1,840 to $2,340 per month, and for two children it goes from $2,300 to $2,925. The gap widens with each additional child.
What the Cap Change Means for Your Existing Order
If your child support order was finalized before September 1, 2025, it remains governed by the $9,200 cap. Nothing recalculates on its own. The higher cap only applies once a court enters a new or modified order.
That’s where Texas Family Code §156.401 comes in. Under the three-year rule, a parent can request modification if the existing order is more than three years old and the recalculated amount would differ from the current amount by at least 20% or $100 per month, whichever is less. Outside that window, the standard is a material and substantial change in circumstances, which can include a significant shift in either parent’s income, a change in the child’s needs, or changes in custody arrangements.
If you’re the obligee parent and the paying parent earns above the old cap, this legislative session handed you a meaningful basis for review. If you’re the obligor and your income was already being calculated at the ceiling, the same math applies in the other direction. Either way, running the numbers now costs less than waiting for the other side to file first.
Denton County child support modifications are filed at the Denton County Courts Building at 1450 E. McKinney Street, with the child support court operating out of Suite 2203. Cases involving custody and support modifications may also come before the 393rd District Court, which is required to give preference to family law matters.
The Expanded Standard Possession Order Is Now the Default
Before September 1, 2025, parents who wanted the Expanded Standard Possession Order (ESPO) had to affirmatively elect it in their final decree or parenting plan. Many didn’t know to ask, and courts weren’t always consistent in offering it. Under SB 1936, the ESPO is now the automatic default schedule for new custody orders when parents live within 50 miles of each other.
The difference between the standard possession order and the ESPO is meaningful without being radical. Under the ESPO, the noncustodial parent gets Thursday overnight visits during the school year and weekend possession that extends to Monday morning drop-off rather than Sunday evening. It’s more time, but it’s not a 50/50 schedule. The managing conservator still maintains the majority of time.
Parents with orders entered before September 1, 2025 don’t automatically get the ESPO schedule. Conservatorship modification requires filing a petition, establishing grounds, and convincing the court that the change serves the child’s best interest. For noncustodial parents who missed out on the expanded schedule simply because it wasn’t offered in their original proceeding, that threshold may be worth evaluating.
Stricter Consequences for Parents Who Deny Visitation
Texas courts have long had contempt power over parents who deny court-ordered visitation. What changed under House Bill 3181 is how systematically that contempt translates into consequences. Three or more contempt findings for denying possession are now sufficient grounds to file for a custody modification, and courts are required to award attorney fees and costs in those cases. The pattern of interference becomes evidence of a material and substantial change in circumstances on its own.
The criminal side runs on a parallel track under separate legislation passed in the same session. Denying possession can carry escalating criminal penalties, beginning as a misdemeanor for a first conviction and rising to a state jail felony for repeat offenses. A parent who repeatedly blocks visitation may face a custody modification petition and a criminal interference charge simultaneously, in different courts, on overlapping evidence. If you’re dealing with an ongoing pattern of denied possession in Denton County, understanding both tracks before you file matters.
Other Changes Denton County Families Should Know
Three additional changes from the 89th Legislature affect situations that come up less frequently but carry serious consequences when they do.
Non-Parent Standing Has Tightened
Stepparents and other non-parents seeking custody or visitation must now demonstrate exclusive care and control of the child for at least six months under House Bill 2350, not simply actual care and possession. The prior rule granting stepparents automatic standing when a biological parent dies has also been eliminated. Non-parents filing any suit affecting the parent-child relationship must now attach an affidavit at the time of filing that establishes their standing and shows that denial of the requested relief would significantly impair the child’s physical health or emotional development. These are threshold requirements, not procedural formalities, and a case filed without the proper affidavit can be dismissed before it gets started.
Family Violence Protections Are More Prominent in Divorce & Custody Cases
Under Senate Bill 1559, courts handling divorce and custody matters are now required to review any existing protective orders and documented family violence involving the parties at the outset of the case. When a protective order conflicts with a divorce or custody order, the protective order takes priority. This removes the ambiguity that previously existed when two court orders said different things. This is a significant procedural shift for families where safety issues are present.
What Parents with Existing Orders Should Do Now
The 2025 changes reward parents who review their orders proactively. If the paying parent in your case earns above $9,200 per month, the cap increase affects what any new or modified order could look like. If you’re a noncustodial parent whose order predates September 2025 and you live within 50 miles of the other parent, the ESPO default is worth understanding. If you’re dealing with repeated missed visits, both enforcement tools are now sharper. None of these changes do anything on their own. Orders don’t update automatically, and waiting for the other side to file first means losing the ability to frame the petition on your terms.
At Goline & Roland Law Firm, PLLC, we offer evening and weekend consultations for clients navigating active family law matters in the Denton area. If your order is more than three years old or your circumstances have shifted, now is a reasonable time to have it reviewed. Reach us at (940) 400-0475.