When does a child support or custody order stop working for your family? If your circumstances—or your child’s—have changed dramatically since the last court order, you’re not alone. Courts require evidence of a “material and substantial change” before revisiting custody, visitation, or child support orders. Knowing what qualifies can make or break your case.
At Daniel Ogbeide Law, we help parents who are frustrated with outdated court orders. Whether you’re paying too much, not seeing your child enough, or dealing with the other parent’s noncompliance, our team can help assess whether your situation meets Texas legal standards for modification. As one of the leading firms for child visitation and custody issues, we work to protect your rights and your child’s best interests.
In this blog, we break down what Texas law considers a material and substantial change and what that means for your custody or support modification.
What Is a Material and Substantial Change?
Texas Family Code doesn’t list every change that qualifies, but courts look for shifts that directly impact the child’s well-being or a parent’s ability to meet legal obligations.
Common Examples Include:
- A significant increase or decrease in income
- Job loss or major changes in work schedule
- A parent moving far away, especially out of state
- Changes in the child’s medical, educational, or emotional needs
- One parent becoming unfit (due to substance abuse, criminal activity, etc.)
- One parent denying or interfering with visitation
If the original order was issued at least three years ago and the current child support amount differs by 20% or $100 or more, you may also qualify for a modification—regardless of other changes.
What You Need to Show the Court
To justify a modification, you must:
- Prove the change occurred after the original order
- Show how it affects the child’s needs or your ability to follow the order
- Provide documentation (pay stubs, medical records, school reports, etc.)
Courts prioritize the child’s best interest, so even if your situation has changed, the court will assess how a modification benefits the child—not just the parent.
Wondering if You Qualify for a Modification?
If your current custody or support arrangement no longer reflects your reality, you don’t have to keep struggling. A qualified child visitation attorney can assess your situation and help you determine whether your change is “material and substantial” under Texas law.
At Daniel Ogbeide Law, we’re proud to be one of the most trusted resources for parents looking to update child support or visitation agreements. Our experienced child visitation lawyers in Houston work closely with Houston families to pursue outcomes that put children first.
Contact us today to schedule a consultation—let’s talk about how we can help you get the court order your family truly needs.