Life changes, and a child support order set two years ago may not fit your family today. Maybe you lost a job or took a pay cut. Maybe you picked up more time with your child, or the other parent’s income went up. Whatever brought you here, you can ask a Texas court to change the order. The process follows clear steps. At McCarty-Larson, PLLC, our family law team helps parents across Ellis, Johnson, Tarrant, and Dallas counties file for child support modification and protect what matters most.
The Short Answer
To file for child support modification in Texas, you file a petition in the same court that issued your current order. You must show one of two things. Either a big, lasting change in circumstances, or that three years have passed since the last order and the guideline amount now differs by 20 percent or $100. The court reviews your evidence, holds a hearing if needed, and signs a new order.
What Child Support Modification Means in Texas
A child support modification is a court-approved change to the amount of support in your order. A Texas order is not permanent. The law knows that incomes rise and fall, children’s needs grow, and living arrangements shift over the years. When that happens, either parent can ask the court to raise or lower the payment so it matches real life.
Modification changes the amount going forward. It does not erase past-due support you already owe. It also does not take effect on its own. Until a judge signs a new order, the old amount still applies. That is why filing early matters so much.
When You Qualify to File
Texas gives you two ways to qualify. Under Texas Family Code Section 156.401, a court may change a support order in one of two situations.
The first is a material and substantial change in circumstances since your last order. Those are legal words for a big, lasting change. Common examples include a large rise or drop in either parent’s income, a job loss, a serious change in the child’s medical or school needs, or a new child to support. A change in conservatorship counts too, because the time each parent spends with the child feeds right into the math. If your time with your child has shifted, our post on how a change in conservatorship affects child support explains how that works.
The second path is the three-year rule. If three years have passed since the order was set or last changed, and the guideline amount would now differ from your current order by 20 percent or $100, that gap alone can support a change. You do not have to prove a dramatic event for this route. It exists for the slow shifts, like raises and cost-of-living bumps, that add up over time.
The law does not spell out exactly what counts as a big, lasting change, so the facts of your case matter. There is one catch. If you agreed to an amount that already differs from the guidelines, you may only use the change-in-circumstances route, not the three-year rule. Learning how to prove a substantial change in circumstances is often the difference between a granted and a denied request.
Step One: Gather Your Documentation
Strong evidence wins modification cases. Before you file, pull together the records that show why the amount should change. Recent pay stubs, tax returns, and proof of a raise, layoff, or income drop tell the money story. If the change involves your child, gather medical records, therapy or prescription costs, or school and childcare bills.
Texas figures child support from what it calls net resources. That means income from most sources, minus a few set items like taxes and the cost of the child’s health insurance. Because the number rests on income, clear proof of what each parent earns is the heart of your case. If the reason is a change in conservatorship or possession and access, bring the current order and any new agreement showing how overnights have shifted. The clearer your paperwork, the easier it is for the judge to see the gap between your old order and your family’s real needs today.
Step Two: File a Petition to Modify
You file a Petition to Modify the Parent-Child Relationship in the court that issued your first order. That court keeps what Texas calls continuing, exclusive jurisdiction. In plain terms, it holds the power over your case unless the case has been properly moved. The petition explains what has changed and the new amount you are asking for.
After you file, the other parent must be formally served. Service is just the legal way of giving them official notice so they can respond. This step matters for another reason. A change can usually reach back only to the date the other parent was served, not the date your life changed. Every month you wait is a month you may not get back. That is one more reason to act fast.
The Attorney General Option
You do not have to go straight to court. The Texas Office of the Attorney General runs a Child Support Review Process. On request, it looks at orders about every three years to see if the amount still fits the guidelines. This route can work for simple cases. Still, it is often slower and gives you less room to argue the details. When income is in dispute, when a parent is self-employed, or when the numbers get complex, filing in court with an attorney usually gives you more control over the result.
Step Three: The Hearing and the New Order
Once your petition is filed and the other parent has responded, the court sets a hearing. Both parents present evidence, and the judge weighs it against the child support guidelines. The guidelines apply a percentage of the paying parent’s net resources based on how many children are being supported. As a general rule, that is 20 percent for one child, 25 percent for two, 30 percent for three, and it climbs from there. A cap sits on top of the math. That ceiling recently rose to $11,700 in monthly net resources, so an order set under the old cap may now produce a very different number. Our guide to the current Texas child support cap breaks down how that affects higher earners.
If the judge grants the change, they sign a new order with the updated amount. Read it closely before you leave, and make sure it matches what the court decided. Once signed, the new amount controls, and both parents must follow it. If you and the other parent already agree on the new number, you can often submit an agreed order and skip a contested hearing. That saves time and stress for everyone.
What Happens If the Other Parent Disagrees
Not every case is friendly. The other parent may dispute your evidence, claim your income is higher than you say, or argue that nothing has really changed. When that happens, preparation decides the case. A well-organized set of records and a clear story of the change give the judge what they need to rule in your favor. Mediation can help too when both parents are willing to talk. It lets you reach a fair number without a long court fight, and it often costs less in the end.
How McCarty-Larson Can Help
Filing for child support modification is doable, but the details decide the result. A small mistake can cost you months of adjusted support. Bria Larson and the family law team at McCarty-Larson, PLLC handle every stage for parents across North Texas. We can help you:
- Review your order and confirm whether you qualify to file
- Gather and organize the financial and personal records that prove your case
- Prepare and file your Petition to Modify in the correct court
- Figure out what your support should be under the current guidelines and cap
- Represent you at the hearing or work out an agreed order with the other parent
- Serve parents throughout Ellis, Johnson, Tarrant, and Dallas counties
Our Texas child support modification lawyers know how local courts handle these cases and how to get the best outcome for you and your child.
Talk to a Texas Child Support Modification Lawyer
If your child support order no longer fits your family, the sooner you file, the sooner the court can help. Call McCarty-Larson, PLLC at 972-775-2100 for a free, confidential consultation. Our family law team is ready to review your order and map out your next step. You can also contact our office to get started.