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October 01, 2023

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On behalf of The Powell Law Firm

| Family Law

Grounds for Child Support Modification in Texas

Child support is a financial payment made by one parent to another following a separation or divorce. The funds are designed to assist with the costs of raising the child. In Texas, an existing child support agreement or child support order may be modified if certain criteria are met. In this article, our Pearland child support attorney provides a comprehensive overview of the grounds for child support modifications in Texas.

Know the Law: Child Support May Be Modified for a Substantial Change in Circumstances

Child support is not set in stone. As child support is an active and ongoing obligation, the terms are subject to modification (Tex. Fam. Code § 156.401). However, you cannot get child support changed just because you want to get more or pay less. There are specific requirements that must be satisfied to get a court-order child support modification in Texas. A parent seeking child support modification has the responsibility of proving a substantial and material change in circumstances.

Note: If both parents agree that a child support modification is appropriate and agree on the terms of the new child support arrangement, they have wide discretion to make a change.

An Overview of Potential Grounds for a Child Support Modification in Texas

In Texas, the primary grounds upon which to seek a child support modification is a substantial and material change in circumstances. The definition of what constitutes such a change is relatively broad. It can include things like job losses, health changes, and other major financial shifts. Notably, the Texas Family Code sets out certain situations that, as a matter of law, qualify as a substantial and material change circumstance sufficient to justify a child support modification. You may be able to get a child support modification on any of the following grounds:

  • Financial Change (After Three Years): If it has been three years since the last child support order, the monthly amount of the current support order differs by either 20 percent or $100 from the amount that would be awarded, which is grounds for a modification.
  • Change in Parental (Possession) Obligations: If the child now lives with the non-custodial parent or if there’s a change in the possession and access schedule, it could be grounds for a modification of child support.
  • Child Needs (Health/Education): If the child experiences a medical emergency or develops a long-term health condition requiring additional financial support, it could be deemed valid grounds for a child support modification. Specialized educational needs could also be grounds for additional child support.

Speak to Our Pearland, TX Child Support Lawyer Today

At The Powell Law Firm, our Texas child support lawyer is a skilled, diligent, and solutions-focused advocate for parents. If you have any questions about the grounds for a child support modification, we are here to help. Call us now or send us a message online for your confidential case review. With a law office in Pearland, we handle child support modification cases throughout Southeast Texas.

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