Texas child support can be modified when a legal ground for changing the order is met. Common routes include a material and substantial change in circumstances, or a three-year interval combined with a qualifying difference from the guideline amount.
The payment does not change automatically because income changes or because parents agree informally. Keep following the existing order while seeking an appropriate legal modification.
The Alchemy Attorneys, PLLC handles modifications of existing family-law orders for Austin-area clients. The current order and the facts that have changed are the starting point.
The two main grounds for a change
Texas Family Code Section 156.401 sets out the principal grounds for modifying support. Subject to its exceptions, the court may modify an order when:
- The circumstances of the child or a person affected by the order have materially and substantially changed since the relevant earlier order or settlement date; or
- Three years have passed since the order was rendered or last modified, and the monthly amount differs from the guideline amount by either 20 percent or $100.
The three-year route contains both a time requirement and an amount comparison. Reaching the third anniversary alone does not establish that the amount should change.
Do you always have to wait three years?
No. A qualifying material and substantial change is a separate route. A change in income, the child’s circumstances or support needs may warrant review, but the facts still need to satisfy the legal standard.
Prepare evidence of both the previous situation and the current one. A current pay statement alone may not explain what changed since the order. Dates and supporting records help connect the request to the relevant comparison.
A support modification is also not automatically a reduction. A review of current information can raise the possibility of an increase, decrease or no change.
What if the parents agreed to a different amount?
Section 156.401(a-1) treats an agreed order that differs from the guideline amount differently. For that type of order, modification requires a material and substantial change in the circumstances of the child or an affected person since the order was rendered.
Do not apply the three-year and 20-percent-or-$100 test without first checking whether the existing amount was an agreed departure from the guidelines. Bring the full order and relevant settlement documents, rather than only the payment paragraph.
Does a job loss change support immediately?
A job loss should be documented and assessed promptly. It does not automatically replace the amount in the signed order. Keep records of the employment change, income received, benefits and other information your lawyer requests.
If you cannot make the ordered payment, seek advice about the available process instead of assuming that an informal arrangement protects you. Keep payment records and communications, but do not confuse a private understanding with an entered modification.
Can a modification erase old unpaid support?
A request to change future support should not be treated as a way to cancel an existing arrears balance. Under Section 156.401(b), subject to specific statutory exceptions, modification of the amount applies only to obligations accruing after the earlier of service of citation or an appearance in the modification suit.
The timing of the legal process therefore matters. Discuss any arrears, disputed credits and the requested modification separately. They may involve different evidence and different relief.
Records that help assess a request
- The current support order and any later modifications.
- The settlement agreement on which the order was based, if available.
- Recent income records and records showing the earlier circumstances.
- Documents supporting a job change or other claimed change.
- Health and dental coverage information and relevant child expenses.
- Payment history and any disputed amounts.
- A dated timeline of the changes affecting the request.
Ask which additional records are needed for your income type. An employee’s pay statements and a self-employed person’s business records may answer different questions. Keep business and personal figures clearly identified.
Medical support and custody are separate issues too
The statute contains a specific route for certain Title IV-D orders that lack required medical or dental coverage. Joint conservatorship alone is not a ground to modify support. Neither point should be reduced to a general rule that changing one part of an order automatically changes all the others.
Identify the exact provision you want changed and why. A focused request supported by the current order and reliable records gives the discussion a useful foundation.
Published by The Alchemy Attorneys, PLLC. This article provides general information about Texas law, not advice for a particular case.
