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Child Support Modification

Do you want to modify or change your amount of child support?

The original judicial determination of child support is not set in stone. Over time, things change and at any time from the date of the initial child support order until the child’s 18th birthday, child support orders can be modified in Texas. In fact, child support orders usually are changed periodically, over the life of the child.

How do you change child support orders in Texas?

The parent that has been ordered to pay child support is legally required to follow that Court Order until another Order is entered that changes the first one. In fact, that parent can be arrested and jailed for failing to obey that Child Support Order.

To change that Order, a formal request asking for a change to that first child support order must be filed with the court (which will be the same court that entered the original one). If you make some kind of verbal agreement with your ex that changes the child support – beware!!! That agreement isn’t valid – the Order is.

Can the Support Be Cut to a Lower Amount? Can the Support Amount be increased?

Yes to both. The request might be to increase or to decrease the amount of child support; therefore, either parent (the paying parent or the receiving parent) may be the party requesting the change. However, their request has to be made with evidence of change. Being unhappy with the amount of child support isn’t enough – under the law, you must show specific facts before the judge will change the amount of money that must be paid each month.

What must be shown to change child support?

Before a Child Support Order will be altered by a judge, there must be a change in circumstances to justify entering a new order -- and the change is 20% or more (or the support changes by $100 when calculating guideline child support), then the law will find this is sufficient change in circumstance for a new Child Support Order to be entered. (A lesser amount – less than 20% -- might warrant a new order, but that would be up to the particular judge’s discretion.) If a parent ordered to pay child support becomes unemployed, a modification order may be entered, as well.

Another example of a change warranting a modification in child support would be a change in the needs of the child. As children grow, the financial cost of raising them increases. It is more expensive to parent a teenager than an infant. So as the child ages, a modification in child support may be granted.

The Child Support Modification Law Passed by the Texas Legislature

The Texas Legislature has passed a statute that specifies the legal grounds for modifying a child support order. The judge must rule in accordance with the language of this law, and requests for modification have to follow this law, as well.

Pursuant to Texas Family Code 156.401, the court may modify an order that provides for the support of a child if: (1) the circumstances have materially and substantially changed or (2) the current child support order is at least 3 years old and the monthly support payment differs by either 20%, or $100, from the amount that would be awarded in the guidelines.