Modifying Child Support in Texas: Grounds, Timing and What a Court Can Change

A child support order is based on the facts at the time it was signed. When a job ends, a child’s needs change or the parenting schedule shifts, the number on the order can stop matching your life. But a Texas court will not change support just because the amount feels unfair. You have to qualify under Section 156.401 of the Family Code, file the right suit in the right court, and understand that a change usually reaches back only to a date set by statute, not to the day your circumstances changed. A San Antonio child support lawyer can tell you whether you qualify and how to protect the date.

This guide explains the two grounds for modification, when a new amount takes effect, what happens in special cases such as job loss and incarceration, and how a modification case runs in Bexar County.

Two Ways to Qualify for a Change

A court may modify a child support order, including a health or dental coverage order, in two situations (Family Code Section 156.401(a)).

1. A material and substantial change. The circumstances of the child or of a person affected by the order must have changed materially and substantially since the order was signed, or since a mediated or collaborative law settlement the order is based on was signed, whichever is earlier. Our page on the material and substantial change standard explains what courts look for. In support cases, the changes that come up most often are:

• A lasting change in either parent’s income, such as a job loss, a disability or a significant raise.
• A change in the child’s needs, such as a medical, educational or therapy cost the order does not cover.
• A change in who the child lives with or how much time the child spends with each parent.
• A change in the cost or availability of health insurance for the child.
• A change in the number of children covered by the order.
• Incarceration of the paying parent for more than 180 days, which the statute names as a material and substantial change, and release from incarceration if support was abated, reduced or suspended during it (Section 156.401(c-1) and (d)).

Some things do not count by themselves. A joint conservatorship order alone is not a ground for modifying support (Section 156.401(c)), and a history of voluntarily paying more than the order requires is not a reason to raise it (Section 156.403). If the parties agreed to an amount that differs from the guidelines, the court may modify it only on a material and substantial change (Section 156.401(a-1)).

2. The three-year rule. Without proving any change, you may ask for a modification if three years have passed since the order was rendered or last modified and the monthly amount differs from the guideline amount by 20 percent or $100 (Section 156.401(a)(2)). Our guide to calculating child support explains how the guideline amount is figured, and the comparison uses each parent’s current resources, not the figures from the original case.

The court also looks at the child’s best interest. A court may consider the guidelines in deciding whether a change justifies modifying the order, and the modification must serve the child’s best interest. If the current amount does not substantially follow the guidelines, the court may modify it to bring it closer, again only if that is in the child’s best interest (Section 156.402).

When a Change Takes Effect

This is the point most parents miss. A change in the amount applies only to support that accrues after the earlier of two dates: the date the other parent is served with citation, or the date that parent makes an appearance in the suit to modify (Section 156.401(b)). There are narrow exceptions for administrative adjustments made by the Attorney General’s office in certain cases. In practice, that means:

• Waiting costs money. If your income dropped in January and you file in July, the court cannot reduce what came due before the cutoff date. You owe the full amount for those months.
• There is no relief for months that have already passed. A child support payment that is not timely made is a final judgment for the amount due, and interest accrues on it at six percent simple interest per year (Sections 157.261 and 157.265).
• Keep paying the existing order. Filing a suit does not change what you owe. Until the court signs a new order, the old one controls.

There is no one-year waiting period for a child support modification. A one-year affidavit rule does exist in Section 156.102, but it applies only to a suit filed soon after the order was signed that seeks to change who has the exclusive right to designate the child’s primary residence. It is not a waiting period for changing support.

Where to File

A modification suit is generally filed in the court that issued the order and keeps continuing, exclusive jurisdiction over it (Section 155.002). If the paying parent, the receiving parent and the child have all left Texas, or if the order came from another state, which court can act depends on the interstate rules; see our page on interstate child support under UIFSA.

Common Situations

Job loss or lower pay. A court may apply the guidelines to a parent’s earning potential rather than actual income if the parent is intentionally unemployed or underemployed (Section 154.066). If there is no evidence of resources, the court weighs background circumstances such as work history, skills, education, health, barriers to employment, the local job market and the parent’s record of looking for work (Section 154.0655). A layoff and a decision to quit are treated very differently.

Incarceration. A court may not treat incarceration as intentional unemployment or underemployment when it establishes or modifies support (Section 154.066(c)). When the Attorney General’s office confirms that a paying parent has been ordered confined for at least 180 straight days, it may adjust the support order administratively, with exceptions (for example, when the confinement resulted from failing to comply with a support order), and the adjustment takes effect no sooner than 30 days after notice is filed with the court (Section 231.1015).

A change in custody or time with the child. Support does not adjust on its own when the schedule changes. The existing order stays in force until a court modifies it, and joint conservatorship alone is not enough to justify a change. See our page on suing to modify conservatorship if the custody terms are also changing.

Military pay and allowances. Housing allowances, special pays and deployments affect both income and timing. Our page on military child support covers them.

A child who ages out or is about to. Support ends only on the events listed in the statute and in the order, and an order may provide support through the end of the month in which a child enrolled in high school graduates (Sections 154.002 and 154.006). Our page on child support termination covers when an order ends.

How a Modification Case Runs

1. Gather the facts. Collect the current order, the payment history, income records for both parents, and proof of what changed and when.
2. File the suit. The suit states the grounds for modification and is filed in the court with continuing jurisdiction. The date of service or the other parent’s appearance fixes the first date a change can reach, so serve promptly.
3. Ask about temporary orders. The court may render temporary orders in a suit to modify, with limits on changing the primary residence while the suit is pending (Section 156.006). Ask your lawyer whether the facts support one.
4. Exchange financial information. Both parents typically produce pay records, tax returns and proof of the child’s expenses. Hiding income will hurt you in front of the judge.
5. Try to settle. Many cases settle through family mediation or in a collaborative process, and an agreement should be turned into a signed court order. An informal side agreement does not change the order.
6. Hearing and new order. If the case does not settle, the judge applies the guidelines to the current facts and the child’s best interest and signs an order that states the new amount and when it begins.

When the other parent files the suit against you, the same rules apply in reverse. You can challenge whether a change occurred, whether it is lasting and whether the figures are accurate, and you should answer on time. A missed deadline can result in a default.

What This Means for Your Bexar County Case

1. Pull the current order and every modification, and check the date each was signed.
2. Write down what changed, when it changed and whether it is likely to last.
3. Compare your situation with both grounds: a material and substantial change, and the three-year rule.
4. Do not wait. Ask a lawyer now, because the earliest date a change can reach is tied to service or the other parent’s appearance.
5. Keep paying the existing amount in full and keep proof of every payment.
6. Collect income records for both parents and any proof of the child’s changed needs or expenses.
7. Put any agreement in a signed court order before you rely on it.

More About Child Support and Related Cases

These guides cover questions that often come up when an order needs to change.

• Medical and educational expense agreements: what the order covers beyond the monthly amount.
• Modifying a divorce order: custody, support and maintenance in one picture.
• Child support enforcement: what happens when payments fall behind.
• How child support is calculated: how the guidelines work.
• Collaborative child support: settling the new amount without a contested hearing.
• Texas child support calculator: a starting estimate.

Why San Antonio Clients Choose Barton & Associates for Child Support Modifications

Barton & Associates has tried Texas cases since 2001, and the family law team includes Duane Graeff, our managing attorney with more than 26 years in Texas state and federal courts, and trial attorney Désirée Flye. A modification case is won or lost on the facts you can document and the date you file, so we start with the order and the payment record, tell you plainly whether the change qualifies and protect the earliest date available. We represent parents asking for a change and parents responding to one. A divorce modification lawyer in San Antonio can also advise when custody or maintenance terms are changing alongside support.

We cannot promise a result, and we cannot promise a particular amount. What we can do is tell you what the statute requires, what we recommend and what each choice risks. The first consultation is free and confidential. Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205. You can get directions to our office before your visit. For the first meeting, bring what you can of the following, and call even if you cannot find everything.

• The child support order, any modification and the cause number
• The payment history from the Attorney General’s office or the state disbursement unit
• Pay stubs, tax returns and other income records for both parents, if you have them
• Proof of what changed, such as a layoff notice, medical bills or a new schedule
• Any petition, motion or notice you have received
• Health insurance cost and coverage information for the child
• Any custody order or parenting plan
• A calendar of your key dates and deadlines

Frequently Asked Questions

Can I change my child support order in Texas?

Yes, if one of two grounds applies. Either the circumstances of the child or of a person affected by the order have materially and substantially changed, or three years have passed since the order was rendered or last modified and the monthly amount differs from the guideline amount by 20 percent or $100 (Family Code Section 156.401). The change must also serve the child’s best interest (Section 156.402).

What changes qualify for a child support modification?

The statute does not list every example, so courts decide case by case. Common examples are a lasting change in income, a change in the child’s needs, a change in who the child lives with, a change in insurance cost, and incarceration of the paying parent for more than 180 days, which the statute names expressly (Section 156.401(c-1)). A joint conservatorship order alone is not a ground (Section 156.401(c)).

How does the three-year rule work?

If three years have passed since the order was rendered or last modified, you may ask for a change when the monthly amount differs from what the guidelines would produce today by 20 percent or $100. You do not have to prove a change in circumstances, but you do have to show the numbers. If the parties agreed to an amount that differs from the guidelines, the court may modify it only on a material and substantial change (Section 156.401(a-1)).

Is there a waiting period before I can file?

Not for child support. Section 156.401 contains no one-year bar on a support modification. A separate one-year affidavit rule in Section 156.102 applies to certain suits to change who has the exclusive right to designate the child’s primary residence. It does not apply to a request to change the amount of support.

When does the new amount start?

A change in the amount applies only to support that accrues after the earlier of the date the other parent is served with citation or the date that parent appears in the suit to modify (Section 156.401(b)). The court cannot reach back to the date your income dropped, so filing and serving promptly matters. The Attorney General’s office has separate administrative authority in some cases.

Do I keep paying while the case is pending?

Yes. Filing a suit does not change the order. Until the court signs a new one, you owe the current amount. A payment that is not timely made is a final judgment for the amount due, and interest accrues on it (Sections 157.261 and 157.265). Falling behind while you wait can add enforcement exposure to your case.

I lost my job. Will my support go down?

It can, but not automatically and not for months that have passed. You must file, and the new amount can reach back only to the date in Section 156.401(b). If the court finds that you are intentionally unemployed or underemployed, it may apply the guidelines to your earning potential instead of your actual income (Section 154.066). Keep records of your search for work.

What if the paying parent is in jail or prison?

Incarceration for more than 180 days is a material and substantial change, and a court may not treat incarceration as intentional unemployment or underemployment (Sections 156.401(c-1) and 154.066(c)). When the Attorney General’s office confirms a confinement of at least 180 straight days, it may adjust the order administratively, with exceptions, and an adjustment takes effect no sooner than 30 days after notice is filed (Section 231.1015).

If we change custody, does support change automatically?

No. The existing order stays in force until a court modifies it. Joint conservatorship by itself is not a ground for modifying support (Section 156.401(c)). If the child’s primary residence or the time each parent has the child changes, the parent affected should file to modify support promptly, because the effective date depends on service or appearance.

Can we agree on a new amount without going to court?

You can agree, but the agreement should become a signed court order before anyone relies on it. A private side arrangement does not change the order, and the old amount can still be enforced. A lawyer should review the proposed order before you sign it.

Can I get support raised if the other parent earns more now?

Yes, if the increase is a material and substantial change or the three-year rule applies. The court applies the guidelines to the current facts and the child’s best interest. The other parent’s voluntary payments above the order do not by themselves justify an increase (Section 156.403).

Where do I file if one of us has moved out of Texas?

A modification suit is generally filed in the court that issued the order and has continuing, exclusive jurisdiction over it (Section 155.002). If everyone has left Texas, or the order came from another state, the interstate rules in Chapter 159 decide which state’s court can act, and filing in the wrong place can cost time.

What should I bring to the first meeting about modifying child support?

Bring the support order and any modification, the payment history, income records for both parents, and proof of what changed, such as a layoff notice, medical bills or a new schedule. Bring any custody order and any papers you have been served with. Call even if some records are missing.

Talk With a San Antonio Child Support Attorney

The date a modification can reach back to is fixed by when the other parent is served or appears, so waiting can cost you money. Speak with one of our San Antonio child support lawyers at Barton & Associates before you stop paying, sign an agreement or file.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting with a family law attorney in San Antonio. The office is at 115 Camaron Street, San Antonio, Texas 78205.

Main Category: Family Law
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000