Can I Modify My Child Support in Texas?

In Texas, once a child support order is established you are generally able to modify it if one or more of the below are true:

• There has been a material and substantial change in circumstances of the parties
• Three years have lapsed since the prior order was signed
• The parties have agreed to modify the order

For more information call (832) 781-0320 today.

What is a “Material and Substantial Change?”

If three years have not passed since the last order for child support, you must prove a material and substantial change. Some examples that may qualify as a material and substantial change in order to modify child support are:

• A parent has lost their job
• A parent has relocated internationally
• The custody agreement has changed
• The child’s needs have changed substantially
• A parent is making significantly more or significantly less than they were
• The obligor now has an obligation to support another child not before the court
• A parent has lost their job
• A parent has relocated internationally
• The custody agreement has changed
• A parent is making significantly more or significantly less than they were and the difference in child support would be at least 20% or $100

Can I Modify Child Support Retroactively?

Not usually. Texas courts must find a very good reason to apply any modification retroactively. 
Since child support modification is usually not retroactive in Texas, it’s wise to get a lawyer as soon as you are aware of a material and substantial change in circumstances has occurred.

How Do I Modify Child Support?

Anyone can ask the Office of the Attorney General to modify their child support. Sometimes this may result in a new order. However, often times this process may take a long time or not get the result you want. Although the Office of the Attorney General may be able to assist you without an attorney, a private lawsuit may be the route you choose to take.

In order to begin a modification of child support in court, you will first need to draft a Petition to Modify the Parent-Child Relationship and file it with the court before serving the other party. You will then need to prepare for a temporary orders hearing or a temporary orders mediation if needed. If you cannot come to an agreement with the other side, you may need to prepare for a trial where you will need to prove a modification is necessary and in the child’s best interest.

How a Lawyer Can Help

If you find yourself needing a child support order or having to pay child support, it is best to speak to an attorney who has experience with child support and the court system who can make sure you are protected.

Contact Hunt Law Firm, PLLC today at (832) 781-0320 to get started.