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To request a child support modification in Texas, you must show that circumstances have changed significantly since the last order or that at least three years have passed. The current amount must differ by 20% or $100 from the guidelines. Texas family law gives both parents the right to seek a modification when the existing order no longer fits the situation.

When Can You Modify Child Support in Texas?

Texas courts allow modifications to child support when specific conditions are met. You do not need to prove that either parent did anything wrong, but you do need to show that the current order no longer reflects reality.

Three-Year Rule

If three or more years have passed since the last child support order was set or modified, you may qualify for a change. The current support amount must differ by at least 20% or $100 from what the Texas guidelines would produce based on today’s income and circumstances.

Material and Substantial Change

Even if three years have not passed, you can request a modification by showing a material and substantial change in circumstances. Texas courts consider a range of factors when deciding whether the change is significant enough to justify a new order:

• Job loss or involuntary reduction in income
• A significant increase in either parent’s earnings
• Changes in the child’s medical, educational, or extracurricular needs
• A new child support obligation for another child
• Changes in health insurance availability or cost
• A shift in the child’s primary living arrangements

The court will consider the full financial picture of both parents before making a decision. Under Texas Family Code § 156.401, the party requesting the modification must show a material and substantial change in circumstances that is significant enough to warrant a new order.

How to Pursue a Child Support Modification

There are several ways to pursue a child support modification in Texas. The path you choose will depend on your relationship with the other parent, the complexity of your situation, and how quickly you need a change to take effect.

Negotiation and Agreement

If you and the other parent are on reasonably cooperative terms, reaching a direct agreement is often the most efficient route. You can negotiate a new support amount between yourselves, then formalize it by submitting the agreed-upon terms to the court for approval. A judge must still sign off on any modification, but when both parents are aligned, the process is typically faster and less adversarial than other options.

Mediation

When direct negotiation stalls, mediation offers a structured middle ground. A neutral third party helps both parents work through disagreements and reach a modified support agreement. If an agreement is reached, the mediator drafts it for a judge to review and approve. Mediation is generally less costly and less stressful than a contested court hearing, and it gives both parents a meaningful role in shaping the outcome.

Litigation

If the other parent will not agree to a modification or disputes that circumstances have changed, filing a petition with the court may be necessary. This involves drafting and filing a petition to modify the existing child support order, serving the other parent with notice of the suit, and gathering supporting documentation such as pay stubs, tax returns, and records of changed circumstances. A judge will then review the evidence at a hearing and issue a ruling.

Important Considerations

Before you file for a modification, there are a few things to keep in mind that can affect the process and the outcome. Going in prepared helps you avoid surprises:

• Payments continue to accrue: You must keep paying the current child support amount until a judge signs a new order. Falling behind while a modification is pending will result in arrears that you still owe, regardless of the outcome.
• Potential increase: A modification request can result in either a decrease or an increase in child support. If the other parent presents evidence that your income has gone up, the court may raise your obligation instead of lowering it.
• Retroactive changes: A retroactive child support modification can apply back to the date the modification was filed, but not earlier. The court has discretion to make changes effective from the filing date, which is why filing promptly matters.

If you have questions about child support, it is worth speaking with an attorney before you begin the process.

What Happens If I Stop Paying My Child Support?

Stopping payments without a court-approved modification is one of the most common and costly mistakes a parent can make. Texas enforces child support aggressively, and the consequences of falling behind can escalate quickly:

• Wage garnishment and bank account liens
• Suspension of your driver’s license, professional licenses, or hunting and fishing licenses
• Interception of tax refunds and lottery winnings
• A finding of contempt of court, which can carry fines and jail time
• Negative reporting to credit agencies

Reach Out to Trusted Texas Child Support Lawyers Today

If your financial situation has changed or your current child support order no longer reflects your circumstances, waiting to act only allows arrears to build and complications to grow. Contact our child support attorneys at The Love DuCote Law Firm LLC at (832) 471-6904 or contact us online. We serve families in Sugar Land, Fort Bend County, Houston, Harris County, and Katy, Texas.

The Love DuCote Law Firm LLC – Texas Office
1600 Highway 6, Suite 480
Sugar Land, Texas 77478

Phone: (832) 786 2949
Fax: (832) 553 7765