Child support orders are not always set in stone. As life changes, the amount of money a parent pays—or receives—to support their child might need to be adjusted. But how do you go about changing a child support order in Bexar County? And what does Texas law say about when and how these modifications can happen?
While the following is some brief information, the best way to answer these questions is to consult with a Bexar County child support attorney directly.
Why Might You Need to Modify Child Support in Bexar County?
Child support is meant to help cover the expenses needed to raise a child. That might include daily necessities like food and clothing, as well as healthcare or school costs. When a court sets a child support order, it usually bases the amount on each parent’s financial situation at the time, plus the child’s needs.
But circumstances can change quickly. Maybe the paying parent (the “obligor”) loses their job or experiences a significant drop in income. Or perhaps the receiving parent (the “obligee”) gets a new, higher-paying job, and the original child support amount no longer feels fair. If you have one of these life changes, you might wonder if you can go back to court to adjust how much child support is owed.
Under Section 156.401 of the Texas Family Code, the court can modify a child support order if it finds that there has been a “material and substantial” change in the circumstances of the child or a person affected by the order since the original order was set or last modified. This rule also applies if three years have passed since the order was first made or last changed, and the new payment amount under the guidelines would differ by at least $100 or 20% from what is currently ordered.
What Counts as a “Material and Substantial” Change?
“Material and substantial” is a legal phrase that means the changes to your situation are more than just small differences. For example, going from a full-time, well-paid job to part-time employment might qualify. Likewise, if your child’s medical expenses have greatly increased, that could also count. Courts have broad discretion to decide what is “material and substantial,” so each situation is judged on its own facts.
The key is to show the court what your finances looked like at the time of the original order and how they have changed since then. If you cannot clearly prove that your circumstances are different now, the judge may decide you have not met the legal standard for a modification. In Nellis v. Haynie, 596 S.W.3d 920, the court said you need both old and new evidence—without both, the court cannot compare to see if a real change happened.
When Can You Modify Child Support Without a Major Change?
Texas law has a special rule that if three years have gone by since the last child support order was set or changed, and if the new amount based on the current guidelines is off by at least $100 or 20% compared to the old amount, the court can adjust it. This is true even if you cannot point to a specific event—like losing a job—that caused major financial changes.
So, if the paying parent’s income has steadily grown over time, you might be able to go back to court after three years to see if the amount should go up. On the flip side, if your income has dropped or you now have more children to support, you might request a lower child support payment under the same three-year rule.
What Evidence Do You Need to Show a Change in Circumstances?
Simply telling the court your situation has changed is not enough. You must have proof. This can include things like:
- Pay stubs, W-2 forms, or tax returns showing reduced or increased income
- Medical bills if a child’s healthcare costs have risen
- Documents showing job loss or long-term unemployment
- Proof of a significant pay raise or a new spouse’s income if that impacts financial resources
Collecting and organizing this evidence beforehand will make it easier to show the judge what has changed. Remember, the judge wants to compare your current situation to what it was when the original support order went into effect.
How Does the Court Decide the New Child Support Amount?
Texas courts often use guidelines found in Chapter 154 of the Texas Family Code to figure out how much child support should be. These guidelines look at factors like the paying parent’s net resources and the number of children that parent is responsible for supporting.
That said, a judge can also consider other relevant evidence beyond the guidelines. For example, if your child has special needs, that might influence the judge to deviate from the standard calculation. Courts can decide on a higher or lower amount if they believe it is in the best interest of the child. The aim is always to ensure the child’s well-being is protected.
How Do You Start the Modification Process in Bexar County?
To get a court to reconsider child support, you must file a petition to modify it in the same court that issued your original order. This is because Texas courts usually have “continuing, exclusive jurisdiction” once they make a child support ruling. If your order is from Bexar County, that means going back to a Bexar County court.
Once you file your paperwork, you must serve the other parent with notice of the request to modify. From there, a hearing is often scheduled to review the evidence. If both parents agree on the new terms, you might be able to avoid a long court fight and present an agreed order to the judge for approval. But if you cannot agree, you may have to go through a contested hearing, present your case, and let the judge decide.
What If the Other Parent Disagrees with the Modification?
It is common for one parent to ask for an increase or decrease in child support and the other parent to push back. Maybe they do not believe the change in your situation is significant enough. Or maybe they disagree about how much your new financial resources actually are.
In these situations, both sides can present evidence at a hearing. You might bring pay stubs, medical bills, or other documents, while the other parent might argue that your finances are not as bad (or good) as you claim. The judge will weigh all this evidence to decide whether or not to grant the request for a child support change.
Can You Modify Child Support if It Differs from the Guidelines?
Sometimes, the original order set an amount that did not match what the guidelines would normally dictate. If that is the case and both parents agreed to that different amount at the time, the court usually will not modify the order unless there has been a “material and substantial” change.
Section 156.401 of the Texas Family Code spells this out clearly: if you already had a child support order that deviated from the guidelines, you cannot change it just because you do not like it anymore. You still have to prove something important has shifted—like job loss, job gain, or changed child needs—to justify modifying the amount.
What If Medical or Dental Support Is Missing from the Order?
Texas law requires that child support orders provide for medical and dental coverage. If your existing order does not mention these needs, or does not meet the minimum standards, a judge can modify the order to include them even without a big change in circumstances. In Title IV-D cases (those involving the Office of the Attorney General), Sections 154.017 and 233.013 of the Texas Family Code allow the court to add coverage at any time.
For example, if the order did not mention insurance at all, or if the coverage changed and your child is now without dental care, the court can modify the order just to fix that gap.
Is the Court’s Decision Final?
Once the court decides on a new child support amount, it issues a modified order. This order is fully enforceable, just like the original order. If the paying parent does not follow the new terms, the receiving parent can ask the court to step in and enforce it, which can mean wage garnishment or other measures.
However, child support orders can be modified again in the future if more changes happen. It is always best to seek a legal modification rather than make an informal agreement. If you try to handle it casually between yourselves without a court order, you may not have any legal backing if things go wrong.
Ready to Seek a Modification? Contact The Cook Law Firm & Associates PLLC Today
If you need help modifying child support in Bexar County, you do not have to do it alone. At The Cook Law Firm & Associates PLLC, we understand how important financial stability is for you and your children. We are here to guide you through the legal steps required to update your child support order. Whether you need to lower your payments because of a job loss or increase them to cover rising child expenses, we can help you fight for a fair outcome.
Call us at 210-740-0281 or fill out our online contact form to schedule a consultation. Let Texas family lawyer Justin Cook stand by your side and protect your child’s best interests. When life changes, your child support order can, too—and we have the experience to make sure it is handled properly.