Modifying Child Support and Custody Orders In Texas: What You Need to Know

For child support, common reasons include changes in income, employment, or healthcare costs. Custody modifications typically involve the child’s preference (if aged 12 or older) or significant changes in the custodial parent’s situation. To modify child support orders, you can utilize the Child Support Review Process (CSRP) or directly submit a motion to the court. 

Family circumstances can change quickly and unexpectedly, leaving many parents wondering if they can—or should—modify their child support or custody orders. If you’re from Texas and want to change your custody or support agreement, understanding the legal process, requirements, and options available can help ensure a smooth transition. 

In this article, we’ll explore when and how you can request modifications to child support and custody orders in Texas, what criteria the courts consider, and how to improve your chances of a successful outcome, so stick around to learn more!

Understanding Child Support and Custody Order Modification

Child support modification involves legally changing the terms of an existing court order to increase or decrease child support payments or alter custody arrangements. These modifications are typically sought due to significant changes in circumstances that make the current order no longer appropriate or fair.

What Does Modification Mean?

When we talk about modifications, we’re referring to the formal process of altering court orders that were set in place during a divorce or separation. In Texas, modifying an order requires a legal process that involves filing a petition with the court or going through a Child Support Review Process (CSRP) at the Texas Attorney General’s office.

When Can You Request a Modification?

Not every minor change in your situation will justify modifying child support or custody orders. In Texas, there are two main grounds under which you can request a modification:

• Material and Substantial Change in Circumstances: This could include the loss of a job, a significant salary increase, changes in the child’s medical or educational needs, or even changes in the custodial parent’s ability to provide care.
• Three-Year Rule: If more than three years have passed since the last order was established or revised, and the present support amount differs from the current Texas Child Support Guidelines, you may be eligible to request a modification.

Eligibility Requirements for Modifications in Texas

When considering modifications to child support or custody orders, it’s crucial to understand whether your circumstances meet the eligibility criteria established by Texas law. Courts take these criteria seriously to ensure that changes to existing orders are necessary.

Modifying Child Support Orders

In Texas, you can typically seek child support modifications only in certain situations, such as the following:

• Change in Income: If the noncustodial parent’s income has increased or decreased significantly, it could qualify as grounds for modification. For example, losing a job, getting a new job with a substantial pay change, or shifting financial obligations may justify a review​.
• Changes in the Child’s Needs: You can also request modifications if there are additional educational or healthcare costs. For example, if your child is diagnosed with a condition that requires ongoing medical care, this could constitute a “material and substantial” change.
• Changes in Healthcare Coverage: Texas courts will consider modifying child support orders if there have been significant changes in health insurance availability or costs.

Modifying Child Custody Orders

The court prioritizes the child’s best interests above all, and any modifications must align with this principle. Some scenarios that might justify a modification include:

• Expressed Custodial Preference of the Child: In Texas, if a child is 12 years or older, they can express a preference about which parent they want to live with, and this preference can be taken into account by the court, as long as the judge believes it aligns with the child’s best interests​
• Changes in the Custodial Parent’s Situation: If the custodial parent can no longer provide adequate care—whether due to relocation, health issues, or personal circumstances—it may be grounds to modify custody. 
• Relocation of the Custodial Parent: When the custodial parent plans to relocate far enough to affect the current custody arrangement, the noncustodial parent can request a modification.

Modifying Child Support Orders in Texas: Step-by-Step Process

In Texas, you can modify support orders through two primary routes: submitting a petition to the court or using the Child Support Review Process (CSRP) provided by the Texas Attorney General’s Office.

• Gathering Necessary Documentation: You should have the right documentation in order before you start the process. Solid proof is crucial for demonstrating a change in circumstances.
• Filing a Petition for Modification: After collecting the required documentation, your next move is to file an official petition for modification. In Texas, you can do this through CSRP or by filling a motion in court.
• Attending a Court Hearing: Should your modification request proceed to court, you must attend a hearing where the judge will assess the case. You can expect the hearing to include a presentation of new evidence, cross-examination, and then the presentation of the judge’s decision.
• Child Support Review Process (CSRP): If you go through the CSRP, you will need to have a meeting between parents and a Child Support Officer (CSO) from the Texas Attorney General’s office. The CSO will review your financial situation and help negotiate a new agreement.
• Finalizing the Modification: Once an agreement is reached, either through the court or the CSRP, a new child support order will be issued. However, the current child support order will remain active until the court or CSO approves the modifications. 

Get The Best Legal Guidance in Texas

Modifying child support and custody orders in Texas can seem overwhelming, but having the right information and guidance can make the process much more manageable. Whether you’re seeking to adjust child support payments or change custody arrangements, it’s essential to understand the eligibility criteria and gather strong evidence.

Equally important is choosing the best legal approach for your situation. At Essex Law Firm, we specialize in helping Texas families navigate the complexities of modifying child support and custody orders. Contact us today to book a consultation and explore options for amending your current court orders.

FAQs

How long does the modification process typically take in Texas?

The time frame for resolving a modification case varies depending on several factors, including whether both parents agree on the changes. If both parents reach an agreement quickly, modifications can be finalized in weeks. However, if the case is disputed and ends up in court, the process could take several months to resolve.

What happens if both parents agree to a modification?

When both parents consent to a modification, they can present an Agreed Modification Order to the court. This type of order is more straightforward and usually approved without a court hearing as long as the judge finds that the modification is in the child’s best interests. 

What expenses are linked to altering child support or custody arrangements?

The expenses for modifying child support or custody orders can differ significantly. Some common expenses include filing fees, typically between $300 and $400, service fees for notifying the other parent, and potential costs for expert witnesses if your case involves more complex issues.