HOW TO MODIFY TEXAS CHILD SUPPORT
- Texas Attorney Ryan Putz
- Mar 15, 2023
- 4 min read
The consequences of having an enforcement action brought against you for failure to pay child support in Texas can be severe, including additional child support orders that account for the unpaid child support with interest, paying the attorney’s fees for the other party, and even jail time. Typically, these enforcement actions are brought by the party entitled to receive the child support, but they may also be brought by the State of Texas through the Office of the Attorney General where in addition to the above, the penalties may include license suspension, passport denial, and liens against bank accounts or retirement plans.
The legislature in Texas sets forth the child support guidelines which determine how much a party is obligated to pay in child support. The guidelines are based on a party’s net monthly resources and take into consideration the number of children the paying party is obligated to support. Check out my previous blog article that goes into further depth on child support guidelines and what amount of child you should be paying - TEXAS CHILD SUPPORT – How much should you pay in child support? How is Child Support Determined? (ryanputzlaw.com)
No matter how much you dislike the child support guidelines, you must pay the amount of child support in accordance with your court orders.
CAN A CHILD SUPPORT ORDER BE MODIFIED?
YES. There are basically two avenues that a party can use to modify a child support obligation. If a party believes they qualify for either one of the following two avenues, they should consult a Texas family law attorney for assistance, as the procedural rules and legal requirements must be followed.
GROUNDS FOR MODIFICATION OF CHILD SUPPORT.
Section 156.401 of the Texas Family Code provides the following:
(a) Except as provided by Subsection (a-1), (a-2), or (b), the court may modify an order that provides for the support of a child, including an order for health care coverage under Section 154.182 or an order for dental care coverage under Section 154.1825, if:
(1) the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of:
(A) the date of the order's rendition; or
(B) the date of the signing of a mediated or collaborative law settlement agreement
on which the order is based; or
(2) it has been three years since the order was rendered or last modified AND the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.
AVENUE ONE - MATERIAL AND SUBSTANTIAL CHANGE
The first avenue allows a party to modify child support when there has been a material AND substantial change since the time the court rendered the child support order or the time of the formal settlement agreement, whichever date occurred earlier. So, you are probably asking, what kind of circumstance would be considered a “material and substantial” change?
The Texas Family Code does not specifically define what qualifies as a material or substantial change in circumstances, so without getting into the plethora of case law regarding circumstances that rise to the level of a “material and substantial” change, the following examples would generally allow a party to bring an action to modify child support - -
The payor’s income has either increased or decreased in an amount that supports at least a 20% difference from their current child support obligation;
The payor has an obligation to support additional children (the payor has children from another relationship that are entitled to support);
The payor’s possession time with the child has increased from that which is ordered, so the parent is taking on additional amounts in direct expenses; or
The payor changes or loses a job.
The above examples are not exhaustive, and you should consult with a family law attorney in Texas to discuss your specific situation.
AVENUE TWO – 3 YEARS AND DIFFERENCE IN MONTHLY SUPPORT OF 20% or $100
If more than three years has passed since the time of your current child support order AND the amount of child support would change by $100 or 20 percent per month according to the child support guidelines, either party may bring an action to modify the child support.
Avenue two is often used by the parent receiving the child support by making a “review” request through the Office of the Attorney General. While this article is not intended to discuss the process when a party goes through the Office of the Attorney General to modify child support, I highly advise a party considering this route to do their research, and at minimum, seek an initial consultation with a knowledgeable Texas family law attorney to fully understand all available options.
WHAT IF A PARTY FILES SUIT TO MODIFY CHILD SUPPORT WITHOUT ESTABLISHING EITHER AVENUE?
Not good for the filing party. Section 156.005 of the Texas Family Code directly addresses this issue and provides the following:
FRIVOLOUS FILING OF SUIT FOR MODIFICATION - Notwithstanding Rules 296 through 299, Texas Rules of Civil Procedure, if the court finds that a suit for modification is filed frivolously or is designed to harass a party, the court shall state that finding in the order and assess attorney's fees as costs against the offending party.
Basically, if the filing party does not meet the requirements of avenue one or two discussed above, the filing party is subject to paying the attorney’s fees of the other party. Hence the reason you should consult a knowledgeable Texas family law attorney before you decide to file suit to modify child support.
Contact Law Office of Ryan Putz today for a consultation and get the representation you need and deserve!
PHONE: (281) 206-2696
EMAIL: ryanputzlaw@gmail.com
Houston and Harris County | The Woodlands and Montgomery County
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