A child support amount that made sense a few years ago may not fit your life today. Maybe you lost your job, or the other parent got a big raise, or your child now has new medical needs. Texas law allows child support to be modified, but only through the court, and only when certain requirements are met. Here's what you need to know if you're in Seguin or anywhere in Guadalupe County.
When child support can be modified
Under the Texas Family Code, a court can modify child support if either of these is true:
- Material and substantial change. The circumstances of the child or a person affected by the order have materially and substantially changed since the order was signed (or since a mediated or collaborative agreement it was based on was signed).
- Three years and a meaningful difference. It has been at least three years since the order was signed or last modified, and the monthly amount would differ from the current guideline amount by at least 20% or $100.
The second path is useful because you don't have to prove a specific major change. You just show the time has passed and the guideline amount has drifted enough. (This path applies to orders that were based on the guidelines. Agreed amounts that departed from the guidelines may be treated differently.)
Examples of material and substantial changes
- A significant increase or decrease in the paying parent's income.
- Involuntary job loss or a serious disability that limits earning ability.
- The paying parent becoming legally responsible for additional children.
- A change in which parent the child primarily lives with.
- New, significant medical, educational or child care costs for the child.
- Loss of the child's health insurance or a large change in its cost.
- Incarceration of the paying parent, which in some cases can support a reduction.
A voluntary drop in income, such as quitting a job to avoid support, usually does not lead to a reduction. The court can base support on what a parent is capable of earning.
The most important rule: file now
Child support can generally be changed only from the date the other parent is served with your request (or appears in the case) going forward. It usually can't be changed retroactively to cover months that already passed. If you lost your job in March but don't file until September, you will likely owe the full amount for those months, plus interest on any unpaid amount.
If your income has dropped, don't wait. File a petition to modify as soon as possible, and keep paying what you can in the meantime.
Informal agreements don't change the order
Parents sometimes agree on their own to a lower amount, or to stop support when the child moves in with the other parent. Those deals are risky. Unless a judge signs a new order, the old order is still in effect. The receiving parent, or the Attorney General, can later try to collect the full amount, plus interest, as arrears.
If you and the other parent agree on a new amount, put it in an agreed modification order and have a judge sign it.
Ways to modify child support
Agreed modification
If both parents agree, a lawyer can prepare a petition and an agreed order. The judge reviews it to make sure it complies with the guidelines or explains why it doesn't. This is often the fastest and least expensive option.
Contested modification
If the parents disagree, one files a petition to modify and serves the other. Each side exchanges financial information, such as pay stubs, tax returns and insurance costs. Many cases settle in mediation; others go to a hearing where the judge decides.
Attorney General review
If your case is handled by the Texas Attorney General's Child Support Division, you can ask the OAG to review your order. The OAG may help negotiate an agreed modification or take the case to court. Keep in mind that the OAG does not represent either parent; it represents the state's interest in the support order. It also doesn't handle custody or visitation issues. More information is available from the Texas Attorney General.
What to gather
- Your current order and any later modifications.
- Recent pay stubs and the last two years of tax returns.
- Proof of job loss, disability or reduced hours, if relevant.
- The cost of the child's health and dental insurance.
- Records of child care, medical or educational expenses.
- Information about the other parent's income, if you have it.
Our child support calculator can give you a rough idea of the current guideline amount. To understand how the numbers are figured, read how child support works in Texas.
Modifying support along with custody
If the child is moving to the other parent's home, child support should usually be addressed in the same case as the custody change. Otherwise, a parent might keep paying support to a parent who no longer has the child. See modifying custody in Texas.
If you already owe arrears
A modification doesn't erase past-due support. Arrears that built up under the old order generally remain owed. If you're behind and facing enforcement, talk to a lawyer about how a modification and an enforcement case may interact. See enforcing child support in Texas.
Attorney Jesus R. Lopez handles child support modifications with flat fees and payment plans available. Visit the modification and enforcement lawyer page to learn more.
Frequently asked questions
How often can child support be modified in Texas?
Any time there's a material and substantial change, or every three years if the guideline amount has changed by at least 20% or $100.
Can child support be lowered if I lose my job?
Often, yes, if the job loss was involuntary. File promptly, because a reduction generally applies only from the date the other parent is served going forward.
Can we just agree to stop child support?
Not without a court order. An informal agreement doesn't change the order, and the unpaid amounts can be collected later as arrears with interest.
Does the Attorney General's office help with modifications?
In cases it handles, the OAG can review the order and may pursue a modification, but it does not act as either parent's lawyer.
Have questions about your situation? Talk with a Seguin child support lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.