Attorney
You should consider modifying a Texas child support order when a significant change affects income, custody, or your child’s needs and the current order no longer reflects those realities or meets legal standards. Child support orders are not permanent, and when life changes, sometimes quickly, an arrangement that once worked can become impractical or unfair. Knowing when a modification is allowed can help you stay compliant with the law and avoid relying on an arrangement that no longer fits your family’s situation.
What Counts as a “Material and Substantial Change” in Texas?
Texas courts require proof of a material and substantial change before they will modify child support. This change must have occurred after the last order or modification and must meaningfully affect support calculations.
Common qualifying changes include:
- Job loss, layoffs, or involuntary reduction in hours
- A significant increase or decrease in income
- A parent becoming self-employed or changing compensation structure
- New medical expenses for the child
- Changes in health insurance availability or cost
- A change in custody or parenting time
- The birth or adoption of another child
- A child turning 18 or graduating from high school
Minor fluctuations or short-term financial issues usually are not enough. Courts look for changes that are ongoing and supported by documentation.
When Income Changes Justify a Child Support Modification
Income shifts are one of the most common reasons parents seek a modification. If your earnings have dropped substantially, continuing to pay under the old order may not be realistic. When income increases, the other parent may request an adjustment to reflect that change.
Texas courts review:
- Pay stubs, tax returns, and profit-and-loss statements
- Whether income changes were voluntary or involuntary
- Patterns over time, not just a single month
If you are paid through commissions, bonuses, or contract work, courts may average your income rather than relying on a snapshot.
How Custody and Parenting Time Affect Support
Child support is closely tied to possession schedules. When parenting time changes, support often should change as well.
Examples include:
- A child spending more overnights with one parent
- A formal custody modification that shifts primary residence
- Long-term schedule changes due to school or relocation
Informal agreements between parents do not change the court order. Until the order is modified, the original support obligation remains enforceable.
Can You Modify Child Support Without a Major Life Event?
Yes, in some cases. Texas law also allows modification if at least three years have passed since the last order and the current support amount differs from guideline support by 20 percent or $100 per month, whichever is less.
This option exists even without a dramatic change, but the math must clearly support the request.
What Happens If You Wait Too Long to Modify?
Waiting can create avoidable problems. Courts generally do not retroactively modify child support before the filing date. That means unpaid support continues to accrue, even if your circumstances changed months earlier.
If you are struggling to keep up or believe the order no longer reflects reality, acting sooner matters.
How the Child Support Modification Process Works in Texas
The process typically involves:
- Filing a petition to modify child support
- Exchanging financial disclosures
- Attempting negotiation or mediation
- Attending a court hearing if no agreement is reached
We help clients prepare evidence, understand guideline calculations, and present clear arguments that align with Texas law.
Moving Forward With a Support Order That Makes Sense
A child support order should reflect current income, parenting time, and your child’s needs, not outdated assumptions. If your circumstances have changed, continuing under an outdated order can create stress and legal exposure.
When you are facing a change in income, custody, or financial responsibilities, we can help you assess whether a modification makes sense and guide you through the process. Contact Navarrete & Schwartz, P.C. to discuss your options and take the next step with clarity.