Texas Child Support Order Modification (Part 2)

When a prospective client arrives at the Law Office of Bryan Fagan seeking a modification of their Texas child support order, it’s usually for a straightforward reason. Often, they’ve experienced a significant change in their income and require a reduction in their monthly support payments. Our family law office has experience in this process, and we believe it’s important to educate the public about how to initiate these changes.

Child Support Modification

File a petition to modify in the jurisdiction where the initial order was issued to start the process. It’s worth noting that the Law Office of Bryan Fagan, PLLC serves various southeast Texas counties, including Harris, Montgomery, Ft. Bend, Liberty, Waller, and Galveston.

Texas law permits child support order modifications under two circumstances:

1. If the support order is over three years old, and the new monthly child support amount, calculated using the statutory guidelines in the Texas Family Code, differs by at least 20 percent or $100.
2. If the petitioner can prove a material and substantial change in the circumstances of one or more parties since the last child support order or the signing of a mediated or collaborative law settlement agreement on which the order is based. Alternatively, they can demonstrate substantial changes in the circumstances of the child(ren).

Change in Circumstances

What constitutes a material and substantial change in circumstances? While the law doesn’t provide an explicit definition, some common scenarios that may lead to child support modification include:

– Job loss
– Significant income change for the paying parent
– Legal responsibility for additional children not included in the current case
– Special needs of the child (e.g., medical, educational, or psychological)
– Alterations in the living arrangements of the child(ren)

It’s important to note that child support modifications do not occur automatically. A court order stays in effect until a judge signs a new order. Texas Family Code stipulates in Section 156.401(a-2)(b) of that a support order can only be modified concerning future obligations after one of the following events takes place:

– The date of service of citation
– An appearance in the suit to modify

Essentially, you can request a change as soon as legal papers notifying your ex-partner of your intent to modify child support are served. If you delay this process and your ex-partner does not agree, your obligation can only be altered as explained earlier.

Contact the Law Office of Bryan Fagan

At the Law Office of Bryan Fagan, PLLC, our attorneys are well-prepared to handle your modification case. Feel free to contact us to learn more about how we can assist you.


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

  1. Child Support Modification in Texas (Part 1)
  2. What do I do if I have overpaid child support in Texas?
  3. Child Custody Basics in Texas
  4. Child Support and College Tuition in Texas
  5. Texas Child Support Appeals
  6. In Texas are Child Support and Visitation Connected?
  7. Why Ignoring Child Support Obligations is a Bad Idea in Texas
  8. Texas Child Support – Trust and Annuities
  9. Special Needs Children in Texas Child Support Cases
  10. How to get above guideline child support.

Law Office of Bryan Fagan, PLLC | Spring, TX Child Support and Custody Lawyers

Our Spring, TX Child Support and Custody Lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. Law Office of Bryan Fagan, PLLC handles Child Support cases in Spring, TX or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.

Categories: Uncategorized

Share this article