How to Get a Child Support Order Modified (Texas Guide)
When can support be modified?
In Texas, courts can modify child support in two common scenarios:
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Material and substantial change in circumstances (for the child or a person affected by the order) since the last order, or
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Three-year review where the guideline amount would differ from the current order by at least 20% or $100 per month.
Will changes apply retroactively?
As a general rule, modifications do not go back to the date life changed; they typically apply from the date the modification suit is filed or served—so filing sooner matters. (Retroactive support works differently when no prior order existed.)
How do I request a modification?
You have two main routes:
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Through the Texas Office of the Attorney General (OAG) – Request a review online if your case is active. The OAG can help review and, when appropriate, facilitate a modification.
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Through the court – File a petition/motion to modify in the court with continuing, exclusive jurisdiction (usually the court that issued the current order).
What should I gather?
Create a simple packet that covers income, needs, and parenting time:
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Income & employment: pay stubs (last 3–6 months), tax returns (2–3 years), proof of job loss/change, benefits, or disability.
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Child-related expenses: health insurance premiums, out-of-pocket medical, childcare, education/therapy.
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Parenting time: calendars, school records, or travel logs that show actual schedules.
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Prior order & addenda: the current order, any agreed adjustments, and emails/texts that show changes on the ground.
What happens after filing?
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Service & response: the other party is served and may file an answer.
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Information exchange: you may be asked for updated financials and proof of expenses.
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Negotiation/mediation: many modifications settle once both sides see the updated numbers.
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Hearing: if no agreement, a judge decides whether legal standards are met and, if so, sets a new amount.
There’s no single dollar threshold for a “material and substantial change,” but for the three-year review, the statute looks for a 20% or $100/month difference from guideline amounts.
Private promises don’t change a court order. Keep paying the ordered amount until a new order is signed, or you risk arrears.
Timeframes vary by county, docket, and whether you proceed via OAG review or a private motion. Settlements are often faster; contested hearings take longer.
File promptly. Courts typically won’t re-write months of past due support based on events before you filed/served the case.
A steady approach goes a long way.
Modifications are about fit—keeping the order aligned with real life. If you think the numbers no longer match your family’s reality, start by gathering documents, then choose the path (OAG review or court) that suits your situation. At Cuccia Wilson, we listen first and help families take the next right step with clarity. That’s daily counsel for your business and family.
