Texas Child Support Modification Guide

Texas law requires a "material AND substantial" change, meaning the change must be both (1) significant in nature (material) and (2) continuing rather than temporary (substantial). Courts interpret this as typically requiring a 20% change from the current order amount or a $100/month difference, whichever results in a greater change in the amount of child support. This is a higher threshold than "material change" alone used in some other states.

Yes, if your case is registered with the Office of the Attorney General (OAG) Child Support Division, either parent can request an administrative review every three years under § 231.101. The AG will review income, recalculate guideline support, and propose a modification. If both parties agree, the new amount is submitted to the court for approval without a hearing. If either party objects, the case proceeds to a contested court hearing. This administrative process is generally faster and less expensive than a judicial modification.

Yes. Under § 156.401(a)(2), either parent can request review three years after the order was rendered or last modified, even without proving a specific change in circumstances. However, modification will only be granted if the recalculated guideline amount differs from the current order by at least 20% or $100/month. If incomes haven't changed significantly, the recalculation may show no material difference, and modification would be denied.

Texas courts apply the 20% test by comparing the current order amount to the recalculated guideline amount based on current circumstances. The difference must be either (1) 20% or more of the current order amount, OR (2) $100 per month, whichever would result in a greater variance. For example, a current order of $800/month would need to change by at least $160/month (20%) or $100/month (the greater amount), so $160/month is the threshold in that case.

No. Texas law provides that child support modifications are effective only from the date of service of the petition forward, not retroactively. Even if you lost your job months ago, the modification will only apply from when you formally served the other parent with your modification petition. This is why it's critical to file as soon as possible after a material change occurs. Past-due amounts under the old order remain owed and cannot be modified retroactively.

Texas courts may deny modification or impute income to you at your previous earning capacity if the income change was voluntary and made in bad faith (i.e., to avoid child support). However, if the change was made for legitimate reasons—such as pursuing further education, relocating for a spouse's career, health reasons, or addressing workplace harassment—courts may consider it involuntary. You bear the burden of proving the change was not made to avoid support obligations.

Not necessarily. You can file a Petition to Modify pro se (representing yourself) using forms available from Texas Law Help (texaslawhelp.org) and many county district clerk websites. However, child support modification can be legally complex, especially involving self-employment income, bonuses, imputed income, or contested hearings. If your case involves significant assets, complex income, or if the other party has an attorney, hiring a family law attorney is strongly advisable to protect your rights and present the strongest case.

Timeline varies by county and whether the case is contested. An agreed modification with both parties consenting can be finalized in 60-90 days. A contested modification typically takes 6-12 months from filing to final hearing, depending on court dockets and discovery requirements. AG-initiated administrative reviews may be faster (3-6 months) if both parties cooperate. Temporary orders can sometimes be obtained within 2-4 weeks if emergency circumstances exist (such as documented loss of income).