Child Support Modification Texas: How to Change a Child Support Order

A child support order isn't permanent. Jobs change, children's needs evolve, and the cost of living shifts. Texas law provides two paths to modify child support — but you need to meet specific legal thresholds before a court will consider adjusting the amount.

Two Grounds for Modification

Texas Family Code Section 156.401 allows modification of a child support order under either of two conditions:

1. Material and Substantial Change in Circumstances

You can file for modification at any time if circumstances have materially and substantially changed since the existing order was signed. Common qualifying changes include:

• Job loss or significant income reduction — layoffs, disability, involuntary pay cuts
• Substantial income increase for either parent
• A child's increased needs — medical conditions, special education requirements, or therapy
• Birth of additional children for the paying parent (which may trigger consideration of the multiple-household adjustment)
• Change in health insurance availability or cost
• The child turning 18 or graduating high school, which can affect continuing support eligibility

The court evaluates whether the change is material and substantial. Do not assume that a voluntary job change will qualify for a downward modification; courts can consider earning capacity.

2. The Three-Year / 20% Rule

Even without a material change, you can request a review if:

• At least three years have passed since the order was signed or last modified, and
• The current guidelines would produce an amount at least 20% or $100 different (higher or lower) from the existing order

This provision accounts for inflation, cost-of-living changes, and the September 2025 net resources cap increase from $9,200 to $11,700. If your order was set under the old cap, a recalculation under the new cap could produce a significantly different result.

The Modification Process

Step 1: File a Petition to Modify. Either parent (or the Texas Attorney General's Child Support Division) can file a petition in the court that issued the original order.

Step 2: Serve the other parent. The responding parent gets formal notice and time to respond.

Step 3: Mediation or hearing. Most courts encourage mediation first. If the parents agree on a new amount, they submit an agreed order to the judge. If not, the court holds an evidentiary hearing.

Step 4: Judge enters the new order. The modified amount applies to obligations accruing after the earlier of service of citation or an appearance in the modification suit; do not assume it reaches back to when circumstances changed. This is why filing and serving promptly matters.

What You Need to Bring

Whether you're seeking an increase or a decrease, come prepared with:

• Current pay stubs (at least three months)
• Most recent federal tax return
• Documentation of the changed circumstance (termination letter, medical records, new employer offer)
• Current health insurance costs for the child
• Any evidence of the child's changed needs

Common Mistakes

Stopping payment while the modification is pending. The existing order stays in effect until the judge signs a new one. Arrears accumulate during the modification process if you reduce payments unilaterally.

Waiting too long to file. If your income dropped six months ago, do not assume the modification will adjust the six months of earlier payments. The effective date follows the service or appearance rules above.

Informal agreements. A handshake deal with the other parent to accept lower payments has no legal effect. If they later file for enforcement, you owe the full amount under the existing order.

The Texas Child Custody & Parenting Plan Guide covers the child support modification process alongside the initial calculation framework, including how to estimate whether the three-year/20% rule applies to your situation.

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