In Texas, child support is determined using a percentage-based formula. It can also be adjusted based on certain factors, such as a child’s unique needs or a parent’s need to provide for other children. If you are currently receiving or paying child support, you may be curious about whether you can get the amount increased or decreased under Texas law.

There are two legal reasons to get child support modified in Texas: a material and substantial change in circumstances or a substantial change in the income of the person paying.  Many people believe that this can only occur at a three-year review—this is not the case.  If your income has changed or there are other changes in your life, you might be able to get your child support order modified. Our Austin child support lawyers can walk you through the process of filing a motion for modification in court or seeking a modification through the Attorney General’s office.

The Law Office of Jason Wright offers strategic legal representation to individuals and families in the greater Austin area. We know that family law cases can be particularly challenging for our clients, given that they often involve children and a person’s finances. We work hard to help our clients understand their rights so that they can make an informed decision about their case. Reach out to our law firm today to schedule a confidential consultation with an Austin family law attorney. 

How Is Child Support Determined in Texas?

When parents of a minor child (or children) divorce or otherwise break up, it is important that both parents continue to provide for the financial well-being of their child. In Texas, child support laws set guidelines for the payments made by the non-custodial parent (“obligor”) to the custodial parent (“obligee”). Typically, but not always, the parent who has less physical time (possession) pays child support to the parent with more physical time.

Child support is calculated using guidelines established by the Texas Family Code. It considers the net monthly income of the obligor parent.  Net monthly income includes wages, salary, overtime, tips, self-employment income, bonuses, and other forms of income. Some deductions, such as for federal income tax and health insurance premiums for the child, are allowed when determining net income.  It’s important to note, that this “net monthly income” does not take into account many of the things most individuals would deduct from their gross income.  The list of deductions allowed is statutory. 

Child support is then set using percentages based on the number of kids:

• 20% of the net monthly income for one child
• 25% of the net monthly income for two children
• 30% of the net monthly income for three children
• 35% of the net monthly income for four children
• 40% of the net monthly income for five children
• At least 40% of net monthly income for six or more children

For example, if a non-custodial parent has a net monthly income (after the statutory deductions have been applied) of $5,000 and they have two children, then their child support payment would be $1,250 per month. This number could be increased or decreased based on other factors such as the special needs of the child, income discrepancies between the parents, the non-custodial parent having additional dependents, and shared custodial arrangements.

If the parties cannot agree, the child support amounts are set by the court. Our Austin child support attorneys can help you understand your rights as they relate to this issue, including potentially getting a modification of child support.

Is It Possible to Get a Child Support Order Modified in Texas?

It is possible for either parent – the obligor or the obligee – to seek a modification of child support. In Texas, a child support modification may be granted for two reasons: (1) a material and substantial change in circumstances, or (2) a three-year review.

First, a Texas court can change a child support order based on a “material and substantial change” in circumstances for a child or parent. A “material and substantial change” isn’t defined by law. Instead, courts will look at various factors to determine whether the change in circumstances warrants a modification of the child support order.

A court will review the facts of each case to make this determination. Common situations where a court will grant a modification include the following:

• The obligor’s income has increased or decreased;
• The obligor is financially responsible for a new child or children;
• The child’s living situation or custodial arrangements have changed;
• The child’s medical needs or health insurance have changed; or
• The obligor is incarcerated.

For example, consider a situation where the non-custodial parent loses their job and is only able to find work that pays a much lower salary. They may petition the court to get their child support payment lowered based on significantly reduced net resources. On the flip side, if the obligor gets a big raise, then the obligee may petition the court to have the child support payment increased.

Other life changes can also lead to a modification of child support obligations. For example, if a child is diagnosed with a medical condition and their needs have increased, then the child support order may be changed to reflect that reality. If the non-custodial parent remarries and has kids with their new spouse, then they may get the child support order decreased.

The second situation where modification of child support may be possible is during a three-year review. Even without a substantial change in circumstances, a Texas court can change a child support order if:

1. The existing child support order is at least three years old; and
2. The amount that the obligor would pay based on the guidelines would differ from the old order by at least 20% or $100.

A three-year review modification can only be pursued if the original child support amount was set by a court. If the parents came to their own agreement about child support, then they can only get the support order modified based on a material and substantial change in circumstances.

The three-year review is helpful because it allows for a change in child support based on the parents’ current economic situation, even if there hasn’t been a big change in circumstances. For example, consider a situation where a child support order was set at $800 per month based on the guidelines. Three years later, the obligor got a few small annual raises and is making a bit more money. 

Under the guidelines, their new child support obligation would be $950 per month based on their increased net resources. While this might not be a “substantial change in circumstances,” it does warrant a modification under the three-year review rule.

By the same token, an obligor who is making less money could also have their child support payment reduced at the three-year review if they are making less money. Using the same scenario above, a reduction in income that leads to a new calculation of $700 per month would warrant a modified order.

If you believe that the child support order for your child should be increased or decreased, it is worth talking to an Austin family law attorney about your options. They can review the facts of your case and determine if a modification may be possible based on your specific circumstances.

How to Get a Child Support Order Modified in Texas

To have a child support order modified, you will need to file a formal motion in the court that issued the original child support order. Either parent can file a request to change the child support order at any time when their child is under the age of 18. 

As noted above, however, the order will only be changed if there is a change in circumstances or at a three-year review.  If you are the parent seeking the change, you will have to provide documentation of a changed circumstance. 

For example, if you are receiving child support and your child was just diagnosed with a developmental disability that will require a lot of expensive therapies and treatments, you can file a modification petition on that basis. To prove changed circumstances, you might include documentation of the diagnosis and estimates or bills for the treatments.

If you file a motion for modification with the court, a judge will schedule a hearing. After reviewing the evidence, including documentation and testimony, the court will then issue an order. Depending on the facts of the case, this order could be for the child support order to stay the same, to be increased, or to be decreased. 

Filing a motion for modification with the court is a legal process. Having an attorney to draft the motion, gather evidence, and make legal arguments is a good idea. They can also advise you on the likelihood of success, which can help you make a more informed decision about how to proceed.

If you have an open and active child support case with the Texas Office of the Attorney General (OAG), you can also request a review for modification directly through their office. The steps to do so are as follows:

1. Request a review for modification. The OAG will then reach out to both parents within 30 days.
2. The OAG will then conduct a review to verify information from both parents, including verifying income, health insurance coverage for the child, and each parent’s home address.
3. A child support review specialist will then conduct a review to determine if modification is warranted based on a three-year review or a substantial and material change in circumstances.
4. If the modification review is approved, then the OAG will either schedule an appointment to negotiate the change or a court date. If the review is not approved, then the process will end. Either party can then request another review.
5. For child support review negotiations, both parents work with the OAG to write a new court order for the judge to sign.
6. At court, the OAG will present the case to a judge. The judge will determine if the child support order should be modified.
7. The court will then sign and issue a new child support order.

Because the OAG process still involves legal rights and going to court, it is still a good idea to have legal representation. In Austin, our Texas child support attorneys can advocate for you throughout the process, whether you choose to file a motion in court or proceed through the OAG system.

Help from an Austin Child Support Lawyer

In Texas, the child support guidelines are meant to make the process of determining child support obligations simple. Yet our lives can change over time, which may necessitate modifying your child support order. Our Austin child support lawyers will work hard to protect you and the best interests of your child throughout the modification process.

At the Law Office of Jason Wright, we help families navigate child custody, child support, divorce, and related family law matters. We offer compassionate, skilled legal representation to clients throughout the Austin area. To learn more or to schedule a consultation with our law firm, give us a call at 512-706-9662 or fill out our online contact form.