Child support orders in Texas are meant to help cover the expenses of raising a child, from everyday costs like food and clothing to bigger expenses like health care and education. But life rarely stays the same. Parents can lose or change jobs, children can develop special needs, and the cost of living can go up or down.
In these situations, you might consider asking a court to change (or “modify”) the existing child support order. At The Cook Law Firm & Associates PLLC, we understand how important it is to have the financial support you need to care for your children. As a Texas family lawyer, Justin D. Cook wants to guide you on the evidence you’ll need if you decide it’s time to pursue a child support modification.
What Is a Child Support Modification?
A child support modification is a formal request to the court to change an existing child support order. The court will only allow a change if there has been a “material and substantial change in circumstances.”
This legal phrase means that something important has shifted since the child support order was first set or last updated. Examples might include a large drop in one parent’s income, a major increase in the child’s medical expenses, or a change in either parent’s health insurance situation.
Modifications go both ways: sometimes the paying parent (obligor) may ask to have payments lowered due to job loss, and sometimes the receiving parent (obligee) may ask to have payments raised if the child has bigger needs than before. Either way, you need solid evidence to show the court that your family’s financial circumstances have changed.
When Can You Request a Child Support Modification?
In Texas, you can generally file for a child support modification if:
- There has been a material and substantial change in circumstances. This might mean a significant increase or decrease in a parent’s income, or a sudden change in the child’s medical or educational needs.
- It’s been at least three years since the last time the court changed your child support order, and the new monthly support amount would differ from the current guidelines by either 20% or $100.
It’s a good idea to talk to a Texas family lawyer if you’re not sure whether you qualify for a modification. Even if it seems obvious that you need more (or less) child support, you’ll still have to prove it in court.
Why Does Evidence Matter for a Modification Case?
Child support is taken seriously by Texas courts, and the judge will want to see real evidence that supports any request to change an existing order. Without proper proof, the court might refuse your request or rule against you. You need to collect and present the right documents, records, and testimony to show why the child support order should be changed.
The most common type of evidence for child support modifications is financial. However, it can also include details about the child’s health, education, or living situation. Collecting strong evidence can be time-consuming, so you’ll want to start as early as possible if you’re thinking about filing for a modification.
What Kinds of Evidence Should You Gather?
The court looks at many different pieces of evidence when deciding whether to modify child support. Below is a list of key evidence to consider:
- Changes in Income: Pay stubs, tax returns, and employer letters can prove a significant rise or fall in one parent’s earnings.
- Child’s Additional Needs: Medical bills, doctor’s notes, or receipts for therapy can show the child now has higher expenses.
- Health Insurance Changes: Insurance statements or policy details that reflect big cost shifts or coverage changes.
- Residence Changes: Lease agreements or proof of a new address might be relevant if the child’s cost of living has shifted.
- Three-Year Rule: Records showing the date of your last order and the current calculation of support under Texas guidelines.
How Do Changes in Income Affect Your Case?
Income changes are one of the most common reasons people request a child support modification. If you lose your job or start earning significantly less, you may not be able to keep up with your current child support payments. On the other hand, if you receive a substantial raise, promotion, or start earning more from a side business, the other parent might ask the court to increase your payments.
However, you need solid documentation. Pay stubs and W-2 forms can show consistent changes in pay, while letters from an employer or proof of unemployment can back up a claim about income loss. If you’re self-employed or a contractor, you may need to provide bank statements or tax returns to show your new earnings accurately.
What If the Child’s Needs Have Changed?
Sometimes, it’s not a parent’s income that changes, but the child’s needs. A child might develop a medical condition requiring expensive treatments, or a teenager might have special educational needs. If your child’s life has changed in a way that increases or decreases their expenses, you can point to this shift as a reason for a child support modification.
For example, if your child needs braces, frequent hospital visits, or ongoing therapy, keep all receipts and medical bills. If there are special education fees or private school tuition you now have to pay, collect enrollment documents, invoices, and any official recommendations from teachers or healthcare experts.
Do Health Insurance Changes Make a Difference?
Yes. Health insurance coverage (or lack of coverage) can heavily influence a child support modification. If you or your ex-spouse now have better (or worse) health insurance options, that might alter who pays for the child’s medical needs and how much support is needed. Sometimes, a parent’s job-based insurance changes dramatically—for better or worse—and that can shift the costs of the child’s care.
It’s a good practice to keep copies of your insurance policy, premium statements, and any communication from your employer about coverage changes. That way, you’ll have proof if you need to show the court you’re suddenly paying out-of-pocket for what was once covered.
How Do Residence Changes Affect Child Support?
Where the child lives can impact everyday expenses, from housing costs to school expenses. If the child moves to a more expensive area or one parent relocates, that can change the cost of providing for the child. Courts are particularly interested in who has physical custody (where the child sleeps most nights) and how many days each parent has the child.
If you or your ex-spouse have moved, or your child’s living arrangement has changed, gather documents like lease agreements, school enrollment forms, or updated addresses on official documents. These can show that the child’s day-to-day costs and environment have shifted.
Ready to Pursue a Child Support Modification? Contact a Texas Family Lawyer
Seeking a child support modification can feel overwhelming, especially when you’re busy with work, kids, and everyday life. You don’t have to handle it alone. At The Cook Law Firm & Associates PLLC, we understand that your child’s well-being is your top priority. Whether you’re looking to increase support to cover new expenses or decrease it after losing your job, our team is here to help you gather the right evidence and present a strong case to the court.
If you’re ready to learn more, call 210-740-0281 or fill out our online contact form to schedule a consultation with a Texas family lawyer. Let us show you how we can protect your family’s interests and advocate for the child support arrangement you need.