How to Modify Child Support in Texas? A Step by Step Walkthrough

Depending on whether you are paying child support or receiving child support, it’s either too much or not enough. Either way, the process to modify it is the same. 

To modify child support in Texas, you must file a motion with the court that issued the original child support order. The motion must state the reasons why you believe the child support order should be modified. You must also provide evidence to support your claims. 

Whether it is the first time you are requesting child support or if you are looking to modify the current child support order, you would want to go see the Office of Attorney General (“OAG”). 

So, this recommendation is probably a different one than what most attorneys will tell you, but it is important to know all of your options to properly weigh which one best fits your situation. If you are tight on money, whether that’s because the needs of the child have increased, or you lost your job or whatever the case may be, if you do not have the money to both take care of yourself and the child, then you must visit the Office of Attorney General first. 

If you’re unable to afford child support, you shouldn’t be spending money on a lawyer. And, yes, you read that correctly.

The OAG will get things done, albeit slower and at their own pace and their main concern is to look out for the best interest of the child, not you. 

The OAG will not give as much consideration to your individual case as a private attorney but they will work within the bounds of the law to get your child support to whatever it ought to legally be. Please be mindful that they are probably handling thousands of similar cases while private attorneys are only handling a couple hundred. 

However, you should seek legal advice from an attorney if you are by chance planning to file the petition by yourself.

Essentially, the court will review your motion and evidence and decide whether to modify the child support order. The court will consider a variety of factors in making this decision, including:

• The income of both parents
• The needs of the child
• Any changes in the child's living arrangements
• Any changes in the child's health or educational needs
• Any changes in either parents' employment status
• Any other relevant factors

If the court finds that there has been a material and substantial change in circumstances since the original child support order was issued, it may modify the order. However, the court is not required to modify the order even if there has been a material and substantial change in circumstances.

If the court modifies the child support order, it will issue a new order that sets forth the new child support amount. The new order will be effective immediately.

If you need help with how to modify child support in Texas, you should speak with an attorney. An attorney can help you to understand the legal process and to prepare the necessary paperwork. An attorney can also represent you in court if necessary.

How do you modify?

Here are the steps on how to modify child support in Texas:

1. File a motion with the court that issued the original child support order.
2. Provide evidence to support your claims.
3. The court will review your motion and evidence and decide whether to modify the child support order.
4. If the court finds that there has been a material and substantial change in circumstances since the original child support order was issued, it may modify the order.
5. The court will issue a new order that sets forth the new child support amount.
6. The new order will be effective immediately.

What do you need in your motion to modify?

Here are some of the things that you may need to include in your motion to modify child support:

• Your name and the name of the other parent
• The case number of the original child support order
• The reasons why you believe the child support order should be modified
• Evidence to support your claims
• The desired amount of child support
  
  

What evidence may you be required to produce?

Here are some of the evidence that you may be able to use to support your claims:

• Pay stubs
• W-2 forms
• Tax returns
• School records
• Medical records
• Proof of other expenses related to the child.

What happens at the child support hearing?

You will be called into a room with the other parents and the OAG. The OAG will review all the documents that you and the other parent has brought and try to come to a reasonable amount of child support, this child support number will be heavily influenced by the child’s needs, and the non-custodial parent’s current income.

These numbers will be thrown into the child support calculator, and a few beep-boop-beeps later, the calculator will spit out a number. 

That is the baseline legal amount, what’s next is the OAG will go over any circumstances in the parent’s lives to see if there is cause to modify that number (up or down). If the parties then agree on that number, then the OAG will draft up the order and the judge will review the order and either sign the order or issue changes to the order. Either way if everyone agrees then the judge will usually be in agreement as well. 

If no consensus is reached, then there will be a trial, in which both parties and their legal representatives will have an opportunity to present their situation to the judge and have the judge make the decision.

It is important to note that modifying child support can be complex.

If you are considering modifying child support, you should speak with an attorney to discuss your options. seek legal counsel to protect your rights and interests.

If you have an family or child support case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344! Law Office of Phan Nguyen has helped hundreds of parents your situation and would be honored to help you through these tough times as well.