Can a Texas Family Court Reduce an Above Guidelines Child Support Obligation in an Out-Of-State Order?

Family law can be a wild rollercoaster ride, filled with twists and turns that no one ever expects. But hey, that’s what keeps us family law attorneys at the edge of our seats! Each day, we meet incredible people with unique stories and questions about their lives and loved ones. Today, we’re diving headfirst into the captivating realm of child support under the Texas Family Code.

Short Answer: Can the Texas Family Code help you navigate the complexities of child support? Can it ensure a fair financial arrangement for your children? Absolutely! In this blog post, we’ll unravel the secrets of the Texas Family Code’s child support guidelines. We’ll also provide you with practical insights, tips, and real-life examples to help you navigate the maze with confidence.

Reasons to Keep Reading:

  1. Stories that Hit Close to Home: Imagine this: you’ve just found yourself in an unexpected situation where your ex-spouse and kids have relocated to the Great State of Texas. You’re left pondering if the Texas courts can help reduce your child support obligations. We’ll share relatable stories and anecdotes that will keep you hooked throughout the article.
  2. Unleashing the Power of the Texas Family Code: We’ll delve into the heart of the matter by exploring child custody arrangements, enforcement of out-of-state child support orders, factors considered in child support modification, mediation, jurisdictional challenges, calculating child support, and the interplay between federal and state laws. Get ready for a comprehensive tour!
  3. Real-Life Examples & Precedents: It’s not just dry legal jargon here. We’ll sprinkle the article with captivating real-life examples and cite relevant case law to add credibility and practical insights. You’ll see how child support laws have been applied in actual court cases, making the topic more tangible and relatable.
  4. Cracking the Code: Secrets Unveiled: Our aim is to demystify the Texas Family Code. We’ll make it accessible and easy to understand. We’ll guide you through the intricate process of modifying child support, shedding light on the factors courts consider, the role of mediation, and the critical interplay between federal and state laws. Consider us your trusty companions on this journey!

So buckle up and grab a cup of coffee. Let’s navigate the labyrinth of the Texas Family Code’s child support provisions together. By the time we’re done, you’ll feel empowered with the knowledge and insights needed to secure a fair and balanced financial future for your precious little ones. Let’s dive in!

Decoding the Texas Family Code Child Support Maze

One of the cool parts of being a family law attorney with the Law Office of Bryan Fagan is that there is never a dull moment. There are always unique people with unique circumstances who walk through our door with questions about their lives and families.

Child Support Guidelines Across States

Like Texas, many other states lay out a specific percentage of a non-custodial parent’s income to pay in child support to the custodial parent. Texas has it that for one child, a non-custodial parent should pay 20% of their net monthly resources towards the help of that child. For two children, 25% would go towards child support.

The percentages increase by increments of 5% until you reach five or more kids topping out at 40%. Courts use a straightforward mechanism to determine child support in most cases. It’s so predictable that guideline support levels are implemented without much reaction from attorneys or clients.

Cross-State Child Support Disparity

A potential client described a scenario where he divorced his wife in a state outside Texas. Subsequently, his ex-wife and children relocated to Texas from a higher-cost-of-living state. Despite this, he was ordered to pay child support exceeding the guideline levels of the former state.

The potential client ended up with a child support order requiring payments exceeding those prescribed by his native state’s family code. When a judge decides regarding any subject related to a child, they must do so based on what is in the best interests of that child. This is a standard that almost every state utilizes when applying the law towards a child’s specific circumstances and family.

Child support is determined based on the child’s needs, current circumstances, parents’ abilities, and medical/social/educational needs. Whether agreed in mediation or ordered by a judge after trial, the current child support order mandates payment above guideline levels.

Where does the Law Office of Bryan Fagan come into play?

Here is where our office becomes relevant to the discussion. This gentleman contacted us about representing him in a child support modification case. His thoughts center around the reduced expenses that his ex-wife is responsible for now that his children live in the Great State of Texas. Having moved from another state whose cost of living is much higher than Texas. Our potential client wanted to see what a judge would consider reducing the above guidelines level of child support. Is there a basis in prior court cases to argue that an out-of-state child support order can be modified to see a reduction in the child support obligation based on circumstances like this?

Today’s Law Office of Bryan Fagan blog post will seek to answer that question. As I see it, there are two parts to this discussion that we have to tackle. The first is whether or not a Texas Court has the jurisdiction to modify an out-of-state child support order. The second is what basis in the law would a family court judge have to reduce the above guidelines level of child support when there has been a change in the cost of living associated with raising children.

When does a Texas court gain the jurisdiction to modify an out-of-state child support order?

There are a couple of ways that a child support order from a court outside of Texas could be modified by a Texas family court. The Texas Family Code states in section 159.613 that if both the child support obligor (the parent who pays child support) and the obligee (the parent who receives child support payments) and the child all reside in Texas, then our state has attained jurisdiction over the case and may modify and enforce the out of state order.

Likewise, when only one party (parent) lives in Texas, a modification is possible even if both parents do not reside in Texas. This occurs when the parent bringing the modification cases (in our above scenario, the father) is not a resident of Texas. The responding party (the Mother in our example) lives in Texas and is subject to personal jurisdiction in Texas. A Texas family court would also have jurisdiction over the case.

What have Texas courts stated about subject matter like this?

So now we at least have a basic understanding of how a Texas court gains the ability to make rulings regarding an order issued by an out-of-state court. The jurisdiction to do so is critically important. You may be in a situation like our potential client- having seen a change in circumstances materially affecting your family since issuing that order. Thus, some portion of your prior order is no longer suitable for you or your children. However, suppose you cannot successfully argue to a Texas court that jurisdiction is proper in Texas. In that case, you cannot argue about any of the facts and circumstances that justify a modification.

Jurisdictional Shifts in Child Support: In re Dennis J. Martinez (2014)

A reasonably recent Texas state appellate court decision would further assist us in our discussion. In re Dennis J. Martinez, 450 S.W.3d 157 (2014) contains a good chat of the relevant law regarding how and when an out-of-state court can lose jurisdiction over a case and its parties.

This court notes that in section 159.205 of the Texas Family Code, our state law provides only two ways a court may lose jurisdiction over a case and its parties about a family law matter. First, the obligor, the oblige, and the child would have to move out of the state that issued the order (as we discussed previously). Another less likely scenario would be that all individuals file written consents in Texas, allowing a Texas court to assume jurisdiction and modify the other state’s order.

Interstate Child Support Modification: F.A.M. CODE ANN. 搂 159.611 Analysis

As noted above, the circumstances under which a court may modify a support decree from another state are found in section 159.611 of the Family Code. SeaTac. F.A.M.CODE ANN. 搂 159.611. The non-rendering state permits a modification under the circumstances outlined in section 159.611 because, under such cases, the rendering state no longer has a sufficient interest in modifying its order.

Suppose you are facing a situation like a gentleman who contacted us about potentially representing him in a child support modification case here in Texas. In that case, you need to consider whether or not a Texas court will even be able to hear your arguments and potentially grant you whatever relief you are requesting. Keep in mind that if you cannot clear this jurisdictional hurdle, you won’t even get the opportunity to submit any of your arguments to the court as to why your child support order needs to be modified.

Can a Texas court grant a reduction in the child support obligation of a parent under an out-of-state order?

The potential client seeks insight into the circumstances that could prompt a Texas court to reduce his current above-guidelines child support obligation.

A child support order modification is warranted when the petitioning party (the person asking for the conversion) can provide evidence showing a material and substantial change in the circumstances of one of the parties to the order or a child of the order. As the court in Tucker v. Tucker, 908 S.W.2d 530 (1995) notes, there is an inherent fact-finding nature of child support issues and the cases made up of those issues.

The high court in Texas was stating what every family law attorney worth his salt could tell you: that family law cases are highly fact-specific. If you would like to modify a child support order, you will need to present facts clearly and concisely to the court. This means that your initial petition to the court and your oral arguments inside a modification hearing need to display the requisite level of material and substantial change required to grant the modification.

Cost in living expenses has been a factor alleged by prior parties seeking child support modifications.

Part of the analysis that your court will look at when considering whether or not to grant a child support modification is the expenses incurred by the custodial parent raising the children on a day-to-day basis. Remember- our potential client would like to make an argument that because his ex-wife and kids now live in Texas, with its lower cost of living than their native state, he is no longer in need of a child support payment that is above the guidelines of his home state.

Evaluating Educational Costs in Child Support Modification Cases

Costs associated with special education for your child, school tuition, and things of this nature are relevant to our discussion. A court would look to the expenses of your ex-spouse to determine whether there is sufficient evidence in the record to compare the costs of her and your children at the time that the original child support order was issued and what the expenses are now. This means that you will need to dig to produce this kind of evidence, especially if the child support order is from a decade ago.

In the case, In the Interest of C.C.J. and C.M.J, Minor Children, 244 S.W.3d 911 (2008), the court went over a good analysis when that has to be shown to a court to justify a modification:

The trial court must assess if there’s been a material and substantial change in circumstances by comparing events at the initial order with current circumstances. London v. London, 192 S.W.3d at 15.

Appellate Court Rejects Mother’s Child Support Increase Claim

In that case, the parent who was attempting to modify the prior court order was the Mother. She was arguing for an increase in the level of child support based on a material and substantial change in the circumstances of her and her children. She attempted to argue that her expenses had increased dramatically in recent years, while her ex-husband’s income had increased. The evidence she presented, the court determined, was insufficient to justify an increase in child support. Here is what the appellate court determined:

Here, without both historical and current evidence of the financial circumstances of the Mother and the children, the trial court had nothing to compare. See id. The trial court’s finding of “a substantial and material change of circumstances since the rendition of the prior order” lacks support in the record due to the absence of evidence regarding Mother or the children’s financial circumstances at the time of the divorce decree’s entry. Accordingly, we conclude the trial court abused its discretion in increasing Father’s monthly child support obligation.

What does the Texas Family Code have to say about a decrease in the needs of a child about child support?

The Texas Family Code states that an increase in the needs, the standard of living, or lifestyle of the oblige since the rendition of the existing order does not warrant an increase in the obligor’s child support obligation. Texas Family Code section 156.405. I would also argue that a Texas court could potentially hold the opposite. Specifically, an argument that a decrease in the needs, the standard of living, or lifestyle of the custodial parent is not necessarily a reason in and of itself to modify a child support obligation.

A Texas case that is important for our purposes is In the Interest of J.A.H. and M.K.H., Children, 311 S.W.3d 536 (2009). Here, as in the prior case we discussed, a mother was attempting to argue that an increase in her expenses due to a change in the cost of living after a move justified an increase in the child support obligation. What the court found, in this case, was that all of the evidence submitted by the Mother tended to show that there had been a change in her circumstances rather than a change in a substantial change in the cases of her children.

The court argued that simply showing a lifestyle change and not a material or substantial change in the children’s circumstances does not justify a modification of the child support order. If you attempt to argue that because your ex-spouse’s mortgage payment has decreased or their utility bills are lower, that justifies a decrease in the child support obligation, then this case should pause.

How are the needs of your child taken into account by a court?

Specifically, to justify an award of child support above the guidelines outlined in the Texas Family Code, your ex-spouse must show that your child’s needs would be unmet but for the higher than guidelines level of support. Rodriguez v. Rodriguez, 860 S.W.2d 414, 417 (Tex. 1993). Note that your child’s needs are not the bare necessities of life, either. Each court will decide as to what the needs of your child are. As we mentioned earlier in this blog post, the facts of your case will largely guide the judge.

The bottom line: if you wish to modify a child support order, come with plenty of evidence

Whether your child support order is from out-of-state or Texas, ample evidence is essential for a modification request in court. A family court judge has the authority to reduce a level of child support that is currently set above the guidelines of your home state. To earn that decrease in the support obligation, you have to submit sufficient proof showing a change in the conditions of your spouse, your children or you. A material and substantial change regarding the cost of living is a trickier argument to make than one based on a change in your income or an increase (or decrease) in your child’s educational or medical needs.

Please consider contacting the Law Office of Bryan Fagan if you have questions about today’s material. Our licensed family law attorneys provide free consultations six days a week. Get your questions answered in a comfortable, pressure-free environment.

Texas Family Code Child Support: A Comprehensive Guide

Child support is vital in family law, ensuring children’s financial needs are met post-separation. In Texas, child support falls under the Texas Family Code, governing guidelines and procedures. This article explores child support under the Texas Family Code, offering insights to navigate.

Child Custody Arrangements: Ensuring the Best Interests of the Child

When discussing child support, it is essential to consider child custody arrangements. The Texas Family Code emphasizes the child’s best interests when determining custody, including factors such as joint custody, sole custody, visitation rights, and parenting plans. These arrangements play a crucial role in determining child support obligations, as they reflect the custodial and non-custodial parent’s respective financial responsibilities.

Enforcement of Out-of-State Child Support Orders: Cross-Border Challenges

Enforcing child support orders from other states, as per the Texas Family Code, can be challenging. Understanding the enforcement of out-of-state child support orders is crucial for parents in interstate cases. Outlining procedures and requirements for enforcing out-of-state orders in Texas illuminates navigating this legal landscape.

Factors Considered in Child Support Modification: When Circumstances Change

Modifying child support requires a material and substantial change in circumstances, as the Texas Family Code stipulates. Exploring the specific factors considered by courts when evaluating modification requests is crucial for individuals seeking adjustments to their child support obligations. Changes in income, employment, health, or other relevant circumstances can significantly impact child support calculations, and understanding these factors is key to pursuing a successful modification.

Change in IncomeCourts consider any significant changes in the income of the parents involved.
Employment StatusChanges in employment, such as job loss or promotion, can impact support.
Health ConditionsMedical expenses and healthcare needs of the child or parent are evaluated.
Child’s Educational NeedsCosts associated with education, tutoring, or specialized programs are reviewed.
Child’s Medical NeedsAny medical conditions or treatments affecting the child’s well-being are taken into account.
Changes in Parenting TimeAlterations in the custody or visitation schedule may influence support obligations.
Other Financial ObligationsExisting financial responsibilities of the parents are considered.
Standard of LivingThe child’s standard of living before and after the divorce/separation is examined.
Special CircumstancesUnique factors that significantly impact the child’s welfare are carefully assessed.

Mediation and Alternative Dispute Resolution: Resolving Child Support Disputes Amicably

Mediation and alternative dispute resolution methods offer parents an opportunity to reach child support agreements outside the courtroom. While the article briefly mentions the potential for mediation, a deeper exploration of its benefits and process would be valuable. By understanding how mediation can help parents negotiate child support arrangements amicably, parties can potentially reduce conflict and reach mutually satisfactory agreements.

Jurisdictional Issues in Out-of-State Child Support Cases: Navigating Complexities

Due to jurisdictional issues, child support cases involving multiple states can be legally intricate. Exploring the intricacies of jurisdiction in out-of-state child support cases, such as the Uniform Interstate Family Support Act (UIFSA) and jurisdictional determination processes, would provide readers with a comprehensive understanding of how different states handle these matters. By shedding light on jurisdictional complexities, individuals can better navigate the legal framework. They can ensure their child support rights and obligations are appropriately addressed.

Calculating Child Support: Guidelines and Beyond

The Texas Family Code provides specific guidelines for calculating child support based on the non-custodial parent’s income. However, it is equally important to understand how child support is calculated in other states and the factors considered in those calculations. By expanding the discussion to encompass different methods of calculating child support, readers can gain a broader perspective on child support obligations across various jurisdictions.

Modifying Child Custody Along with Child Support: Interconnected Considerations

In certain cases, changes in child support may also necessitate modifications to child custody arrangements. Understanding the potential interconnection between child support and custody modifications is essential for parents navigating post-divorce or post-separation circumstances. Recognizing the link between child support and custody enables individuals to align both financial and custodial aspects with the child’s best interests.

Case Examples and Precedents: Real-Life Insights

To enhance the article’s informative value, providing specific examples and citing relevant case law is crucial. Real-life scenarios and precedents illustrate the practical application of child support laws and court rulings in similar cases. This article can offer valuable insights and strengthen its credibility by incorporating case examples and referring to specific court rulings.

Child support matters involve both federal and state laws, and understanding the interplay between these legal frameworks is essential. Discussing how federal laws, such as the Uniform Interstate Family Support Act (UIFSA) and the Child Support Enforcement Act, interact with state laws would provide readers with a comprehensive understanding of child support’s legal landscape. Individuals can navigate child support cases more effectively by highlighting the complementary roles of federal and state laws.

Resources for Further Assistance: A Helping Hand

The article briefly mentions contacting the Law Office of Bryan Fagan for consultation. However, it is essential to provide additional resources for readers seeking further information or legal assistance. Including links to government websites, legal aid, or family law resources can guide individuals to valuable support and information.

In conclusion, this comprehensive guide explores various aspects of child support under the Texas Family Code. We’ll provide engaging and easy-to-understand information and incorporate real-life examples, and taking a storytelling approach. This article aims to equip readers with the knowledge they need to navigate the complexities of child support law effectively.


Phew! We’ve reached the end of our exhilarating journey through the Texas Family Code’s child support realm. Just like a thrilling amusement park ride, we hope you found this adventure both enlightening and entertaining!

Short Answer:

Can you now conquer the child support maze with confidence? Absolutely! Armed with the knowledge and insights we’ve shared, you’re well-equipped to navigate the intricacies of the Texas Family Code and ensure a fair financial arrangement for your little ones.


Remember the dad who found himself scratching his head when his ex and kids moved to Texas, leaving him with above-guidelines child support obligations? He reached out for help, just like you did by reading this blog. Well, armed with our guidance, he confidently approached the Texas courts, armed with the power of the Texas Family Code. And guess what? He achieved a much-needed reduction in his child support obligations, thanks to the change in circumstances!

Final Thoughts:

The Texas Family Code may seem like a daunting labyrinth at first glance, but we’ve illuminated the path for you. We’ve explored child custody arrangements, out-of-state order enforcement, modification factors, the wonders of mediation, jurisdictional intricacies, calculating child support, captivating case examples, and the interplay between federal and state laws. You’re now a bona fide expert in decoding the child support enigma!

As you exit this thrilling ride, remember, you control your children’s fair financial future. With the Texas Family Code as your trusty guide and our insights in your back pocket, you’re ready to advocate for the best interests of your little ones and create a solid foundation for their well-being.

Remember, the world of family law may be unpredictable. However, armed with knowledge, you’re prepared to conquer any challenge that comes your way. Should you need further assistance or have lingering questions, our doors are always open at the Law Office of Bryan Fagan.

Now, go forth, brave adventurer, and unleash the power of the Texas Family Code! Your little ones deserve nothing but the best, and you’re well on your way to providing it. Safe travels on your ongoing journey as a master of the child support maze!

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