How to Request a Child Support Modification

There are two ways to request a child support modification in Texas: file a petition to modify with the court that issued your current order, or request a free case review through the Office of the Attorney General’s (OAG) Child Support Division. Either path can raise or lower the amount, but neither happens automatically. Until a judge signs a new order, the old number is the number, no matter what has changed in your life or what you and the other parent agreed to over text.

When a Texas Court Can Change Child Support

Texas Family Code § 156.401 sets out two independent grounds for child support modification:

• 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. Job loss, a substantial raise, a new child the paying parent has a duty to support, or a change in the child’s medical or educational needs can all qualify.
• The three-year rule: At least three years have passed since the order was signed or last modified, and the amount under the current guidelines would differ from the existing order by either 20% or $100 per month.

The three-year rule matters because it requires no proof that anything dramatic happened. Ordinary income growth over three years is often enough to move the guideline number past the 20% or $100 threshold, which is why parents on either side of an aging order should run the math.

The guideline percentages themselves come from Texas Family Code § 154.125, which applies a percentage, based on the number of children, to the paying parent’s net monthly resources. Net monthly resources is a calculated figure based on income after specific statutory deductions, not simple take-home pay, and the statute caps the annual resources to which the percentage applies.

Option 1: Review Through the Attorney General’s Office

If your case is already enforced through the OAG, or you open a case with them, you can request a modification review online or by mail. The OAG gathers financial information from both parents, runs the guideline calculation, and if the numbers support a change, schedules a negotiation conference or sets the matter for court.

The tradeoffs are real. The review is free, but the OAG represents the State of Texas, not you. Their attorneys will not advocate for your position on disputed issues like intentional underemployment, self-employment income, or above-guideline needs. The process is also slow, and reviews commonly take many months from request to new order. For straightforward guideline cases where both parents are W-2 employees, the OAG route can work fine. For anything contested, it tends to produce guideline math and little else.

Option 2: Filing a Modification Petition in Court

A private petition to modify is filed in the court of continuing jurisdiction, meaning the court that issued your current order. The other parent is served, both sides exchange financial information, and the case is resolved by agreement, mediation, or a hearing in which the judge decides.

This route costs more, but it moves faster than an OAG review in most counties and gives you an advocate on the issues that actually decide contested support cases: what the paying parent really earns, whether a career change was made in good faith, and how the child’s expenses have changed. If you are asking for a temporary adjustment while the case is pending, only the court route gets you there quickly.

Evidence That Wins Modification Cases

Judges change support orders based on documents, not descriptions. Before filing, gather:

• Recent pay stubs and the last two years of tax returns for yourself, and whatever you have showing the other parent’s income
• Proof of the change itself, such as a termination letter, an offer letter for a new position, or updated commission statements
• Medical records and bills if the child’s health needs have changed
• Daycare, tuition, and activity invoices showing the child’s current costs
• Records of any new children you have a legal duty to support

If the other parent is self-employed or paid in cash, expect discovery to matter, and expect the case to turn on bank records rather than tax returns.

Mistakes That Stall or Sink a Request

The same handful of errors show up in these cases over and over:

• Relying on an informal agreement: A verbal or texted deal to pay less is unenforceable, and the unpaid difference accrues as arrears (the legal term for unpaid child support) with interest. Only a signed order changes the obligation.
• Waiting to file: Modifications are generally retroactive only to the date the other parent was served, not the date your income dropped. Every month you wait is a month at the old rate.
• Quitting or downgrading a job to lower support: Under Texas Family Code § 154.066, a court that finds intentional unemployment or underemployment can set support based on earning potential rather than actual income.
• Ignoring the case after filing: Missed deadlines and skipped hearings can end with the judge adopting the other side’s numbers.

How Long the Process Takes, and When the New Amount Starts

Timelines vary by route and by county. An agreed modification filed with the court can be finalized in a matter of weeks once both parents sign. A contested court case usually runs three to nine months depending on the docket and how hard the income fight gets. OAG reviews are the slowest lane, and it is common for a review to take six months or more before a new order is signed.

The date that matters most is the service date. When a court grants a modification, it can make the new amount retroactive to the earlier of the date of service or the date the other parent appeared in the case, but not before. A parent who lost a job in January and filed in June cannot recover the difference for those five months.

The paying parent owes the old amount for that entire stretch, and the receiving parent keeps it. That single rule is the strongest argument for acting in the month your circumstances change, rather than waiting to see whether things sort themselves out.

Where Our Firm Fits In

Support modifications look simple on paper and rarely stay that way once real income enters the picture. Our attorneys handle these cases across the Harris County family courts, from clean three-year-rule recalculations to fights over hidden self-employment income, and our team brings 100 years of combined experience to the question that matters most: what number the judge will actually sign.

If your order no longer reflects your income or your child’s needs, our team at C. E. Schmidt & Associates PLLC can tell you whether the change is worth pursuing and which route will get you there faster. Call (281) 550-6650 or contact us online to schedule a case evaluation.