How does a child support modification work in Texas?

Posted by Susan Fuertes | May 05, 2023 | 0 Comments

In Texas, child support can be modified when there is a material change in the circumstances of either the child or the parent who is paying child support. A child support modification is a legal process that allows a parent to request a change in the amount of child support that they are required to pay or receive.

There are several situations that may warrant a child support modification in Texas, including:

  1. The current order was put in place or last modified more than three years prior to the new request.
  2. The monthly amount of support calculated under Texas Family Code guidelines has changed by 20% or at least $100.
  3. A material and substantial change has happened since the previous order was established. Examples of a material and substantial change include: 
    • Change in Income: If there is a significant change in the income of either parent, such as a job loss or promotion, this may warrant a modification of child support.
    • Change in Custody or Visitation: If there is a change in the custody or visitation schedule of the child, this may affect the amount of child support that is required.
    • Change in Medical Needs: If there is a change in the medical needs of the child, such as a new diagnosis or a change in treatment, this may warrant a modification of child support to cover the increased expenses.

To request a child support modification in Texas, either parent can file a petition with the court and provide evidence of the change in circumstances that warrant a modification. The court will review the petition and may schedule a hearing to consider the request for modification. If the court finds that there has been a significant change in circumstances, they may modify the child support order accordingly.

Parties may also take advantage of the Child Support Review Process through the Texas Attorney General's Office.

Do not reach an informal agreement without going through a court or the Attorney General's office. An informal agreement between parents is not recognized by the courts.

It is important to note that child support modifications can be complex and may require the assistance of a qualified family law attorney. A family law attorney can provide guidance on the legal requirements for modifying child support, help prepare and file the necessary paperwork, and represent the parent in court if necessary.

About the Author

Susan Fuertes

Problem solver with 25+ years of experience in bankruptcy, litigation, real estate, and property tax. Practice areas also include wills and family law. My purpose is to help clients achieve peace of mind in trying times. My focus is on people. Many clients have never faced a legal issue before, and I want to provide not only cost-effective representation for the average person or small business but a thorough explanation of the issues and potential outcomes. I am committed to delivering top-notch traditional and non-traditional services tailored to clients of all financial abilities. I take the time to listen and understand a client's concerns, and I customize a solution to fit the client's individual needs.


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