How to Modify a Texas Child Support Order
A child support order is not permanent. When life changes, Texas Family Code § 156.401 lets either parent ask the court to change the amount.
The two ways to qualify
A court can modify child support if either of these is true:
- Material and substantial change. The circumstances of the child or a parent have materially and substantially changed since the order — for example, a significant change in income, a job loss, a new child to support, a change in the possession schedule, or a major change in the child's medical or educational needs.
- The 3-year / 20% rule. It has been three years since the order was set or last modified, and the amount under today's guidelines would differ from the current order by 20% or $100.
How to estimate whether it's worth filing
Run the current numbers through the child support calculator. If today's guideline figure is meaningfully different from what the order says, a modification may be worth pursuing.
The steps
- File a petition to modify in the court that has jurisdiction over the order (usually the county that issued it).
- Serve the other parent with notice.
- Exchange financial information — recent pay records, tax returns.
- Negotiate or attend a hearing. Many modifications settle by agreement; contested ones go before the judge.
- The court signs a modified order.
Important: support changes only from the filing date
A modification generally takes effect back to the date the petition was filed — not the date circumstances changed. Waiting to file means losing money. If your income drops, file promptly; missed payments under the old order still accrue until the court changes it.
Frequently asked questions
Can we just agree to a new amount without going to court? An informal agreement is risky — it is not enforceable and back support can still be claimed under the old order. Put any change in a new court order.
Can child support be modified through the Attorney General's office? Yes. The Texas OAG Child Support Division offers a review and adjustment process, though it can be slower than filing directly.
This is general information, not legal advice. For help filing or responding to a modification, contact Nemec Law Office, serving Tarrant, Dallas, Denton, and Collin counties.
Related: How child support is calculated · Child support enforcement · Calculator