Does Texas Family Court Ever Allow Child Support Orders to be Modified?

Once divorce proceedings are finalized and child support orders are issued, people sometimes think they can’t be changed. That becomes problematic if there’s a significant change in circumstances for either parent in the years to come. That’s why it’s essential to know there are situations in which child support orders can be changed.

However, specific conditions must be met. If they aren’t, the court won’t approve the modification. Also know that unless the court approves the modifications, the original order is still in place and legally enforceable. No change in payment should happen until the court approves it.

Either parent can request a change. The person who pays child support (the obligor) may request that child support be reduced, or the person receiving the support (the obligee) may want it increased. But it’s not enough to ask for a change without a change in circumstances that may justify the modification.

What Are the Requirements for Modifying Child Support in Texas?

There are several.

  • Three-year waiting period. Once the original child support orders are issued, the parents must wait at least three years before requesting a change.
  • Minimum change percentage. The change requested must be at least 20% or $100 different from the original.
  • Substantial change in circumstances. There must be demonstrable changes to either’s circumstances, including:
    • Change in the obligor’s income, either a decrease or an increase.
    • More children. The obligor has become responsible for a new child (or children).
    • Change in physical custody. The support may change if the obligee had primary physical custody but it’s changing so the obligor takes physical custody. 
    • Change in medical needs. This includes if the child has a change in medical needs (such as becoming disabled) or if there’s been a drastic change to their health insurance coverage.
    • Incarceration. The obligor becomes incarcerated.

The original order stands until the court officially changes it. If you’re the obligor and have requested a modification,you must continue to pay the original amount until notified of the change. Failure to do so could cause legal trouble. If in doubt about the process and what your rights are, contact an experienced child support attorney. 

If It’s Determined That I’m Not the Biological Father, Can I Give Up Paying Child Support?

The child support order still stands as long as you’re named as the obligor. However, you can petition the court to terminate the child support order along with the parent-child relationship. Until a court agrees to it and issues the new orders, you’re still responsible for making child support payments.

Can Either Parent Appeal a Child Support Modification Approved by the Court?

Either parent has the right to appeal a child support modification order. It may be the obligor contesting the approved increase in payments or the obligee disputing the reduction in payments.

However, this process must be started quickly. To appeal, a de novo hearing must be filed within three business days of the decision. If you miss that date, it’s possible to file for a new trial within 30 days of the court order being issued, but it’s not guaranteed that the court will agree to it.

What Were Some of the Changes in Texas’ Child Support Laws in 2023?

There were several changes that could have resounding effects on child support in Texas. Among them:

New enforcement powers for the court. The law now allows Texas courts to order under- or unemployed parents to sign up for employment assistance, job placement, or skills development programs. This is in response to cases where the obligor parent deliberately remained low- or no-income in order to avoid paying child support.

Incarceration. If the obligor is incarcerated, they’d previously not been released from child support payments and would run up significant debt while in jail and unemployed. Now it’s possible a judge could reduce the payments. There are exceptions, including for parents jailed for violating child support payments or famly violence. Ask a child support attorney if your case is eligible for modification.

Note that the original order stands until the court officially changes it. If you’re the obligor and have requested a modification, you must continue to pay the original amount until you’re notified of the new amount. Failure to do so could cause legal trouble. If you’re in doubt about the process and your rights, contact an experienced child support attorney.

If It’s Determined That I’m Not the Biological Father, Can I Give Up Paying Child Support?

The child support order still stands as long as you’re named as the obligor. However, you can petition the court to terminate the child support order and the parent-child relationship. Until a court agrees to it and issues the new orders, you’re still responsible for making child support payments.

What Should I Do if I Need to Have Child Support Orders Modified in Montgomery County?

Call Morgan Bourque Attorney at Law as soon as possible at 713-766-3733 to schedule a no obligation case evaluation. We understand how stressful these kinds of modifications can be since they may bring up the stress involved in initially creating them during divorce proceedings. We can review the specifics of your support order and divorce case, help you understand what your options are, and what the process is to begin the modification procedures. The sooner we start, the sooner you may be awarded new support orders.