What happens when your financial situation changes, but your child support order doesn’t? Life is unpredictable—jobs are lost, incomes shift, and children’s needs evolve. Yet, a child support order issued months or years ago remains fixed unless legally modified.
At Daniel Ogbeide Law, we help parents who are trying to keep up with a child support arrangement that no longer fits. Whether you’re the paying or receiving parent, our team of family court lawyers in Houston is here to ensure that support orders reflect current realities. With experience in family law mediation, enforcement matters, and appeals, we’re equipped to help you through every phase of the child support process.
This blog will explain when and how child support orders can be changed, what courts look for, and how to start the modification process effectively.
When Can Child Support Be Modified?
Under Texas law, there are only a few valid legal reasons to modify a child support order. A parent cannot request a change simply because they feel like paying less or want to increase the amount for convenience. To be successful, the petition must meet at least one of the following conditions:
1. Material and Substantial Change in Circumstances
This is the most common basis for requesting a modification. Courts will consider a modification if there has been a significant change affecting:
- The income of either parent(increase or decrease)
- Employment status(job loss, demotion, or new employment)
- Health or disability of a parent or the child
- Changes in custody or visitation arrangements
- New children from another relationship (may be considered under limited circumstances)
A parent who becomes permanently disabled or loses their job involuntarily may be eligible for a reduction. On the other hand, a paying parent who significantly increases their income may be required to contribute more to meet the child’s evolving needs.
2. Three-Year Rule
Even if no major changes have occurred, Texas law allows for a modification review if:
- It has been at least three years since the last order was issued or modified
- The current amount differs by either 20% or $100from what would be awarded under Texas child support guidelines
This is particularly helpful for cases where the child’s expenses or one parent’s income has increased incrementally over time.
What the Court Considers During a Modification Request
When reviewing a request, family judges don’t just look at numbers—they examine the overall context. The primary concern is always the best interest of the child. Some of the key considerations include:
- Current income and earning potential of both parents
- Cost of living and inflation
- Health and educational needs of the child
- Whether the request is made in good faith or is an attempt to manipulate the system
- Past conduct and payment history of the requesting parent
That’s why having guidance from an experienced enforcement family law attorney can make a significant difference. We often assist clients who are trying to reduce child support due to hardship—or those trying to increase payments when the child’s needs aren’t being met under the current order.
How to Start the Modification Process
Whether you are seeking an increase or a decrease, you must follow the legal procedure. Modifying child support without going through the court—such as through a verbal agreement—is not legally binding and cannot be enforced.
Here’s a step-by-step overview of the process:
Step 1: Determine Eligibility
Make sure you meet one of the legal conditions for a modification (substantial change or three-year rule). If you’re unsure, speaking with a family court lawyer can clarify your position.
Step 2: File a Motion to Modify
You must submit a formal petition to modify the parent-child relationship in the Texas family court that issued the original order.
Step 3: Serve the Other Parent
The other parent must be officially notified. They can agree or contest the modification. If contested, the case may go to court or family law mediation.
Step 4: Attend Hearing or Mediation
If both parties can’t reach an agreement, the court will hold a hearing. A judge will review all evidence and determine whether the change is justified.
Tips to Strengthen Your Modification Request
To improve your chances of success:
- Document everything.Keep pay stubs, tax returns, medical bills, or proof of job loss.
- Act quickly.Don’t wait too long after a major change; delays can harm your case.
- Be realistic.Courts will not approve dramatic changes unless there’s strong evidence.
- Don’t rely on informal agreements.Even if both parents agree, only a court order is enforceable.
- Consider mediation.Working with a family law mediation attorney may help resolve disputes before reaching court.
What Happens If the Other Parent Doesn’t Comply?
If one parent refuses to comply with a modified support order, enforcement becomes necessary. We’ve worked with many families where even after a court’s decision, one parent fails to pay or follow through. That’s when having a trusted enforcement family law attorney in Houston becomes critical. Legal tools such as wage garnishment, license suspension, or contempt proceedings may be required to uphold the court’s order.
What If Your Modification Request Is Denied?
Not every request is granted. If your petition is denied and you believe the court made a legal error, you may have the right to challenge the decision. A family law appeals attorney can help assess whether an appeal is appropriate and guide you through the appellate process.
Are You Trying to Change a Support Order That No Longer Makes Sense?
We know how frustrating it can be when a support order no longer reflects your current life. Whether your income has changed, your child’s expenses have increased, or a new issue has come up, we can help you evaluate whether a modification is possible—and what steps you’ll need to take.
At Daniel Ogbeide Law, our team includes family court lawyers, enforcement attorneys, family law mediation attorneys, and appeals attorneys who understand the importance of getting child support orders right. We bring clarity, structure, and a strong legal voice to help you handle modifications the right way.
Contact us today to speak with one of the best legal teams for family support matters. We’re here to make sure your order reflects the reality of your life—and your child’s needs with the help of child support lawyers in Houston.