Child Support Modification
In Texas, a child support modification is a legal request to change an existing child support order. Life circumstances often change after a divorce or custody order is entered, and when those changes significantly affect either the child’s needs or a parent’s financial situation, the court may adjust the amount of child support.
Child support modifications are handled through the courts and must meet specific legal requirements under Texas law.
When Can Child Support Be Modified in Texas?
A Texas court may consider modifying child support if one of the following legal grounds is met:
Material and Substantial Change in Circumstances
A modification may be granted when there has been a significant change since the last child support order. Common examples include:
a substantial increase or decrease in a parent’s income
job loss, job change, or new employment
changes in the child’s medical, educational, or special needs
changes in custody or parenting time
remarriage or additional children affecting financial obligations
The court will review whether the change meaningfully impacts the ability to pay or the child’s financial needs.
Three-Year Rule
You may also request a child support modification if:
At least three years have passed since the current order was signed, and
The existing child support amount differs from what the Texas child support guidelines would require by 20% or $100, whichever is less
This allows parents to request updates when income or circumstances have gradually changed over time.
How to File for Child Support Modification in San Antonio
The parent requesting the modification must file a formal request with the court that issued the original child support order, typically in Bexar County for San Antonio cases. The process generally includes:
preparing legal documents outlining the requested change
Filing the motion with the court
Formally serving the other parent with notice of the request
Failure to follow proper legal procedures can delay or negatively impact your case, which is why legal guidance is often helpful.
Court Hearing and Judicial Review
Once the request is filed, the court will schedule a hearing. During the hearing:
Both parents may present evidence, such as income records or proof of changed circumstances
The judge will review financial documentation and testimony
The court will determine whether the requested modification is justified
The judge’s decision will be based on the best interests of the child and compliance with Texas child support laws.
How Texas Child Support Guidelines Affect Modifications
Texas child support guidelines serve as a reference point when reviewing modification requests. These guidelines are primarily based on:
the obligor’s net income
the number of children involved
applicable deductions and statutory caps
While guidelines are influential, courts may adjust child support when justified by the facts of the case.
Why Legal Representation Matters
Although it is possible to request a child support modification without an attorney, the process can be complex. An experienced San Antonio family law attorney can help:
determine whether you qualify for a modification
gather and present financial evidence
ensure proper filing and service
advocate for a fair outcome in court
Get Help Modifying Child Support in San Antonio
If your circumstances have changed and your current child support order no longer reflects your situation, seeking a modification may be appropriate.
The experienced team at Denis Law Group assists families with child support modifications in San Antonio and throughout Bexar County.
Schedule a consultation today to discuss your options and protect your child’s best interests.
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