Life is full of changes and, when it comes to child support, those changes can open the door to modifying your existing court orders related to child support obligations. The Texas Family Code allows for a modification of conservatorship, support, and possession of and access to a child. The discussion below will review the specific grounds for requesting a modification of child support.

Texas Family Code

The grounds for modifying child support are governed by Texas Family Code, which states that the court may modify the existing child support obligation if:

  1. The circumstances of a child or person affected by the order have materially and substantially changed since the earlier of:
  1. The date of the rendition of the existing court order; or
  2. The date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or

  1. It has been three (3) years since the order was rendered or last modified, and the monthly amount awarded under the order differs by either twenty percent (20%) or one hundred dollars ($100.00) from the amount that would be awarded in accordance with child support guidelines.

Material and Substantial Change

One way to modify child support is by demonstrating that there has been a material and substantial change. Although the Texas Family Code and courts have not provided a definitive definition of what qualifies as a material and substantial change, it generally refers to significant changes that were not anticipated at the time of the original order. Some examples include:

  • The non-custodial parent is not legally responsible for other children
  • A change in the child’s living arrangements
  • A change in the child’s medical insurance coverage
  • A change in the child’s possession schedule
  • The child has developed special medical, educational, or psychological needs

The party seeking the modification must prove by a preponderance of the evidence that the circumstances of the child, a conservator, or another party affected by the order have materially and substantially changed since the prior order was rendered or since the signing date of the mediated or collaborative law settlement agreement.

“Preponderance of the evidence” means that the evidence presented must show that it is more likely than not that the claim is true. In this context, you would have to show the court that it is more likely than not that the material and substantial change is significant enough to warrant a modification.

Three Years Since the Prior Order

Another ground for modifying child support is the passage of time. If it has been at least three (3) years since the last child support order was rendered or modified, you may request a modification if the amount of child support you are paying or receiving differs by either twenty percent (20%) or one hundred dollars ($100.00) from the amount that would be awarded under current child support guidelines.

However, it is important to note that the option of a three-year review is not available to everyone. If your prior court order reflects an agreement reached by you and your co-parent for payment of child support in an amount that differs from what the court would have awarded under the child support guidelines, then the court may only modify the order if the circumstances of the child or a person affected by the order have materially and substantially changed since the rendition of the prior order. In this situation, your options for modifying child support are limited to an agreement with your co-parent or by proving by a preponderance of evidence that a material and substantial change in circumstances has occurred.

Taking the Right Approach

Modifying child support in Texas can be a complex process, but understanding the legal grounds and requirements can help guide you in taking the right steps. Whether you are seeking a modification due to a change in circumstances or because time has passed since the last order, it is important to approach the process carefully and with the right legal support. If you believe you qualify for a modification of child support under either of these grounds, the next step is to file a petition in the appropriate court seeking a modification of child support. If you have any questions about modifying child support or need assistance navigating your options, please feel free to contact our office for a consultation.

Written by Maria E. Portella