When Can You Modify Child Support in Texas?

 Posted on October 29, 2025 in Child Custody

If your financial situation or your child’s circumstances have changed, you may need to adjust your child support order. In Texas, the courts allow modifications to an existing support order, but only in certain situations. There must be a good legal reason before the court will approve it. Working with an experienced Tarrant County, TX child support lawyer can help you understand if your case qualifies and guide you through the process.

When Can You Request a Child Support Modification in Texas?

Under Texas Family Code § 156.401, either parent can ask the court to change a child support order if there has been a "material and substantial change" in circumstances. This means something big has changed in your life, the other parent’s life, or your child’s needs.

If at least three years have passed since you received or changed the order, the court will review it. This is sometimes called the "three-year rule." In that case, you do not have to prove a significant life change. Instead, the court reviews whether the current order still reflects your family’s financial reality. If the difference between your current order and what the Texas guidelines say today is 20 percent or at least $100, you may qualify for a review or modification.

When Might the Court Modify a Child Support Order?

The court carefully reviews every case with the whole picture in mind. Some reasons that often qualify for a modification include:

• Major income changes: One parent may get a raise, bonus, or pay cut. Another common situation is when a parent loses a job or starts a new one that pays a different amount.

• Custody or visitation changes: The child now spends more time with one parent than before.

• New family responsibilities: A parent remarries or has another child who depends on their income.

• Rising expenses: Costs for daycare, health insurance, or housing go up.

• Medical or educational needs: The child develops a health condition or needs extra help in school.

• Relocation: A parent moves, creating new costs for travel or housing.

• Employment or benefit changes: A parent’s business income or government benefits increase or decrease.

The child’s best interests are the court’s main concerns. Under Texas Family Code § 154.123, judges must consider both parents’ resources, the child’s needs, and any other factor that affects the ability to pay or provide care. This statute even allows the court to deviate from the standard child support guidelines when special circumstances make the guideline amount unfair or inappropriate.

How Do You File for a Child Support Modification in Texas?

To change a child support order, you must file a petition with the same court that issued it. You can file on your own, through the Texas Office of the Attorney General, or with an attorney. The other parent must be notified and can agree or object. If there is a disagreement, the court will review the financial evidence before making a final decision. In the meantime, the paying parent has to keep paying the current amount until the judge approves a change. Missing payments can lead to penalties and enforcement actions.

Contact a Dallas, TX Child Support Attorney Today

If you think you qualify for a support modification, Law Office of Michelle Poblenz can help you start and finish the legal process. With over 25 years of legal experience and a background as a former prosecutor for the Dallas County District Attorney’s Office, Michelle Poblenz knows how Texas courts handle these cases. Whether you need to lower payments or increase support, contact a Tarrant County, TX child support lawyer today at 469-845-3031 to discuss your options for modifying child support.