WHEN CAN A CHILD SUPPORT ORDER BE MODIFIED IN TEXAS?

A child support order may be modified under two broad conditions. Specifically, the child support order may be modified if:

  • A child support order is more than three years old and the amount of the monthly child support calculated using the statutory child support guidelines in the Texas Family Code would change by more than 20 percent, or at least $100; or
  • The party requesting the modification proves that there has been a material and substantial change in the circumstances of one or more of the parties to the support order, or the child, since the date the last child support order was entered with the court or the date of the signing of a mediated or collaborative law settlement agreement on which the order is based.

WHAT DOES A MATERIAL AND SUBSTANTIAL CHANGE IN CIRCUMSTANCES MEAN?

The Texas Family Code does not outline the specific circumstances that would qualify as material and substantial changes to warrant a child support modification. However, the following changed circumstances are the most often asserted by a party seeking a child support modification:

  • An increase or decrease in income;
  • Loss of employment;
  • The party paying support is legally responsible for the support of additional children;
  • Special needs of the child such as medical, educational or psychological;
  • Changes in medical insurance or coverage; and
  • A child’s living arrangements have changed.
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