How (and When) to Modify a Child Support Order in Texas

If you’re a parent in Texas with a child support order, there may come a time when you need to modify that order due to changes in your circumstances. Perhaps your income has significantly increased or decreased, you’ve had additional children, or your child is now living with a different parent. Whatever the reason, it’s important to understand the process for modifying a child support order in Texas.

When Can You Modify a Child Support Order in Texas?

In Texas, a child support order is eligible for modification if one of the following applies:

1. It has been at least three years since the order was established or last modified, and the monthly amount of the child support ordered differs by either 20% or $100 from the amount that would be awarded according to current child support guidelines.
2. A material and substantial change in circumstances has occurred since the child support order was last set. This could include:
   • A significant increase or decrease in the noncustodial parent’s income
   • The noncustodial parent becoming legally responsible for additional children
   • A change in the child’s medical insurance coverage
   • The child now living with a different parent

It’s important to note that informal agreements between parents do not legally modify the court-ordered child support amount. Modifications can only be made through a court hearing or the Child Support Review Process (CSRP).

How to Request a Modification

If you have an active child support case, you can request a modification by submitting an official Request for Review to the Child Support Division. You can either:

1. Complete the Request for Review form online at the Texas Attorney General’s website.
2. Download the form, complete it, and mail it to:
   Office of the Attorney General Child Support Division P.O. Box 12017 Austin, TX 78711-2017

Be sure to submit only one modification request to avoid delays in processing.

The Modification Process

Once your request is received, here’s what you can expect:

1. Information Gathering: The Child Support Division will verify information for both parties, including income, health insurance coverage for the children, and residential addresses. You may be asked to provide additional documents.
2. Review: A Child Support Review Specialist will review the request, considering factors such as the time passed since the last order, the new child support calculation, and any relevant life changes.
3. Decision: If the order should be changed, a negotiation appointment (CSRP) or court date will be scheduled. If the order doesn’t meet modification requirements, both parties will be notified by mail.
4. Negotiation or Court: In the CSRP appointment, the Child Support Division will work with both parties to write a new agreed court order. If an agreement can’t be reached, the case will proceed to court where a judge will decide if the order should be modified.
5. New Order: The modification process is complete when the judge signs the new order. The Child Support Division will then update the case to reflect the new order.

Could Your Payment Amount Increase?

It’s important to understand that requesting a modification doesn’t guarantee your payment will decrease. In fact, it’s possible your payment could increase if your income has risen substantially since the order was last set. You can estimate your new payment using the Texas Child Support Calculator.

Don’t Try to Handle the Modification Process Alone – Dodson Law Firm Can Help

Modifying a child support order can be difficult and take a long time. While the Child Support Division provides resources, having an experienced family law attorney on your side can make a significant difference.

At Dodson Law Firm, PLLC, our team has extensive experience handling child support modifications. We can guide you through the process, from determining eligibility to representing your interests in negotiations or court.

If you’re considering modifying your child support order, contact Dodson Law Firm today to schedule a consultation.