Incomes change, jobs change, kids' needs change. Texas lets you ask the court to raise or lower an existing child support order — but only when you meet one of two specific grounds in Family Code §156.401.
The two ways to qualify
1. A material and substantial change
You can seek modification if the circumstances of the child or a person affected by the order have materially and substantially changed since it was last set. Common examples:
- A significant, lasting increase or decrease in either parent's income
- A change in who the child lives with, or the possession schedule
- New medical needs or child-care costs
- The paying parent becoming legally responsible for additional children
- Incarceration of the paying parent for more than 180 days (treated as a material change)
2. The three-year / 20%-or-$100 rule
Even without a dramatic change, you can request modification if three years have passed since the order was set or last modified and the amount under the current guidelines would differ from the existing order by 20% or $100.
The mistake that costs people thousands
Child support does not change on its own when your situation changes. If you lose your job and simply stop paying, the original amount keeps accruing — plus interest — until a court signs a new order. File promptly and keep paying what you can in the meantime. A modification generally takes effect from the date you file, not from when your circumstances changed.
How the process works
- File a Petition to Modify in the court that issued the order (or ask the Office of the Attorney General Child Support Division to review it).
- Serve the other parent so they have notice.
- Exchange financial information — recent pay, taxes, and proof of the change.
- Agree or go to a hearing — many cases settle; otherwise a judge decides.
- Get a signed order — only the new signed order changes what's owed.