Texas Child Support Modification Laws

You can change a Texas child support order when your circumstances have changed enough to make the current amount unfair. A modification is a separate court process from your original order and runs through the court that issued it. A judge will update the amount only if you meet one of two legal grounds set by state law.

A modification can raise or lower support, and it can change medical or dental support too. The order you have now stays fully in effect until a judge signs a new one. So informal deals between parents do not change what you legally owe.

Timing matters more than most parents expect. A change reaches back only to the date the other parent is served or first appears in the case. [1] Filing early protects you, because Texas will not undo support that was built up before then.

★★★★★
Lisa Marie 3/18/26
“From the very first time I walked into his office, Michael showed compassion and understanding for the unique circumstances of my case, which involved my child and a serious medical condition. He immediately recognized how important my child’s safety and wellbeing were to me.

What stood out the most was that he truly listened. He treated our situation with respect, urgency, and care. Michael is also incredibly knowledgeable, and his experience and confidence were evident throughout the entire process. Because of this, I always felt supported and reassured that we were in the best hands.

I’m incredibly grateful for his help and would highly recommend him to anyone looking for an attorney who truly cares about the families he represents.

If I ever need legal help again, he will be the first person I would call.”

Schedule a Consultation or Ask One of Our Lawyers a Question

    When You Can Modify Child Support in Texas

    Texas law gives you two paths to modify a support order. You must meet one of them before a judge will change the amount.

    A material and substantial change in circumstances

    The most common path is proving that circumstances have changed in a material and substantial way. The change must be significant, ongoing, and measured against the facts at the time of your last order.

    • A lasting rise or drop in either parent’s income, such as a job loss or major income change.
    • A change in which parent the child lives with most of the time.
    • A new medical, educational, or special need for the child.
    • A change in the number of children a parent is legally supporting.
    • Incarceration of the paying parent for more than 180 days, which the statute treats as a material and substantial change.

    The three-year and 20 percent rule

    The second path does not require proof of a life change. You qualify if it has been three years since the order was set or last modified. The current amount must also differ from the guideline amount by either 20 percent or $100.

    How Texas Recalculates the Support Amount

    Texas applies percentage guidelines to the paying parent’s monthly net resources. Net resources means income from nearly all sources, minus a short list of allowed deductions.

    Proving income is harder when a parent is self-employed or has variable income. Bonuses, commissions, and seasonal work all factor into the net resources a court counts.

    The guideline percentages start at 20 percent of net resources for one child. They rise to 25 percent for two children, 30 percent for three, and continue upward from there. [2]

    These percentages apply up to a capped amount of monthly net resources. That cap rose to $11,700 for orders finalized on or after September 1, 2025. A judge can order more than the guideline amount when the best interests of the child call for it.

    How to File for a Child Support Modification

    You file your request in the Texas court that has continuing, exclusive jurisdiction over your case. That is almost always the same court that issued your original order. [3] Here is what the process looks like step by step.

    1. File a petition to modify. A party affected by the order files a suit for modification in the court with continuing jurisdiction.
    2. Serve the other parent. The other parent is entitled to formal notice by service of citation. [4] The civil filing rules for an original lawsuit apply to your case. [5]
    3. Exchange financial information. Both parents share pay records, tax returns, and other proof of current net resources.
    4. Request temporary orders if needed. A judge can set temporary support while the case is pending in appropriate situations.
    5. Resolve by agreement or hearing. Many parents settle the new amount. If not, a judge decides after a hearing.

    Changes That Usually Do Not Qualify

    Not every change in your life will support a modification. Texas courts look for changes that are lasting, not short-term or self-created.

    • A brief or seasonal dip in income that is expected to recover.
    • A voluntary pay cut or job change made to lower a support obligation.
    • A joint conservatorship order by itself, which the statute says is not grounds to modify support.
    • An informal side agreement between parents that a court never approved.

    Using the Attorney General Instead of Court

    You do not always have to file a court case on your own to seek a change. If your case is open with the Texas Child Support Division, you can request a review of your order.

    The Office of the Attorney General reviews qualifying orders about every three years. It can also review sooner when there has been a material and substantial change.

    This path can be slower and less tailored than a private modification suit. The state’s attorneys represent the child support program, not you personally, during that review.

    A Modification Does Not Erase Past-Due Support

    Modifying an order changes future payments, not support that is already overdue. Unpaid amounts, called arrears, stay owed even after a judge lowers your going-forward amount.

    Collecting or defending those past-due amounts is a separate child support enforcement process. This is another reason to file for a change quickly when your income drops. Waiting lets arrears build under the old amount while your real ability to pay has changed.

    When Child Support Ends in Texas

    Support does not stop on its own, so timing questions often lead parents to seek a modification. In Texas, support generally runs until the child turns 18 or graduates high school, whichever is later. [6]

    Support can end earlier if the child marries, is emancipated, or otherwise becomes an adult by law. Support for a child with a disability that began before adulthood can continue indefinitely.

    Wage withholding does not stop automatically when a child ages out. A parent must ask the court or the Attorney General to formally end the obligation.

    Schedule a Consultation

    Frequently Asked Questions

    Timelines vary by county and by whether both parents agree. An agreed change can move quickly, while a contested case can take several months.

    No. Your existing order stays in force until a judge signs a new one. You should file to modify rather than stop paying on your own.

    No. A change reaches back only to the date the other parent is served or first appears. That is why filing promptly after a real change matters so much.

    No. A modification adjusts future support only. Past-due amounts, or arrears, remain owed until they are paid in full.

    An agreed change still needs a judge’s signature to be enforceable. Put the agreement into a new court order so it protects both of you.

    No amount changes on its own. A parent must file, and a judge must sign a new order before the amount changes.

    How Michael Ireland & Associates Can Help

    Ireland firm Divorce Attorneys

    Michael Ireland & Associates represents Texas parents in conservatorship and possession modifications, from agreed adjustments to contested disputes over a child’s primary residence. A modification is not just paperwork: you have to prove a changed circumstance and tie it to your child’s best interest.

    Michael Ireland leads the firm as a Board-Certified Family Law Specialist recognized by the Texas Board of Legal Specialization. The team handles modifications across Bexar, Comal, and Victoria counties, including relocation, changes in a parent’s health or stability, safety concerns, and motions filed within the first year of an order. You get clarity about what Texas law requires, an honest read on whether your facts meet the standard, and a clear path forward.

    What working with the firm looks like:

    • A clear read on your grounds. An honest assessment of whether your facts meet the material and substantial change standard before you file.
    • Preparation that holds up. Organized records, a documented timeline, and evidence tied directly to your child’s best interest.
    • A path toward agreement where possible. Negotiation and mediation when they serve your family, with courtroom representation ready when they do not.
    • Direct, candid communication. Clear updates and honest assessments of risk and timing, with no guarantees about specific results.

    Schedule a Consultation

    If your order no longer matches your family’s reality, the sooner you act, the more the new amount can reflect today’s facts. Gather your current order, recent pay records, and tax returns before your first meeting.

    Modification is one part of how child support works in Texas. We meet clients across the region at our locations in San Antonio, New Braunfels, and Victoria.

    Call (830) 357-7437 to schedule a consultation and take the first step toward a fair support order.

    Sources