How to Win a Child Support Modification Case in Texas (DFW Guide)

Presenting solid proof is the foundation of a successful child support modification in Texas. Courts require clear, organized evidence to justify any change, especially when based on a child’s specific needs or expenses. DFW judges will not alter an order without Texas-specific grounds that serve the child’s best interests. A modification begins when either parent files a formal request for review, and from there, the court examines the circumstances to decide whether the change is warranted. At Warren & Migliaccio, we have represented families across Dallas, Collin, Denton, Tarrant, and Rockwall counties since 2006, using financial precision and steady advocacy to build strong, credible cases.

Texas Child Support Modification: The Two Legal Paths

Texas law provides two paths to modify a child support order under Texas Family Code §156.401:

1. Material and substantial change since the last order. Examples: job loss or pay cut, substantial medical or child-care expenses, higher health-insurance premiums, or custody changes that affect the child’s needs.
2. Three-year rule: At least three years have passed and applying current guidelines would change support by 20% or $100 or more.

To start, you must file a modification request.

Burden of proof: You must support your claim with evidence that fits one path and show why the change addresses your child’s specific needs. Example: You lost a job and now pay the child’s health insurance. With records, that can meet prong (1). During the court hearings, the judge will look at your existing child support order, determine if the modification is justified, and consider changes to your circumstances.

Know the Texas Child Support Guidelines Before You File

Net Resources 101 (what’s included and excluded)

Texas calculates support from net resources, not gross income (Tex. Fam. Code §154.062). The court reviews all sources of money to assess a parent’s financial situation when determining net resources.
Included: wages, overtime, commissions, bonuses, dividends, self‑employment income.
Common deductions: federal income tax, Social Security, union dues, and children’s health insurance premiums.

Self‑employed parents should gather P&Ls and bank data to show true income (FindLaw).

Percentages & Low‑Income Table

Guidelines start at: 20% for one child; 25% for two; 30% for three; 35% for four; 40% for five; and not less than 40% for six or more (Tex. Fam. Code §154.125; FindLaw). If a parent earns more money, the support percentage may increase to ensure fair financial support for the child support.

Texas also uses a low‑income table for obligors under $1,000 net/month. Parents earning less money may qualify for reduced minor child support obligations under this table.

The High‑Earner Cap & Above‑Cap Needs

The guideline cap is $9,200 net/month (as of 2025). Courts can add support above the cap for proven additional needs (for example, therapy, medical bills, private school tuition) (Tex. Fam. Code §154.126; FindLaw; TexasLawHelp).

Example: If net resources rise from $4,000 to $6,000 per month, presumptive support for one child moves from ~20% of $4,000 to ~20% of $6,000, subject to credits for other children you support, including additional biological children from a new relationship or marriage (FindLaw).

Build a Winning Evidentiary File

To win, gather early and organize well:

Financial proof

• Last 6–12 months of pay stubs
• Tax returns (2 years)
• Bank statements and payroll/gig screenshots
• 1099s; P&L for self‑employed

Child‑related proof

• Childcare invoices
• Medical bills and EOBs
• Insurance premiums (medical/dental)
• School/IEP records; activity costs
• Documentation of spending on the child’s needs, including receipts for purchases and records of time you spend caring for your child

Change proof

• Termination or offer letters
• Relocation records, job transfer docs
• Job‑search logs

Create a summary spreadsheet showing before/after income and expenses, tracking support payments and the time you spend with your child. Our Managing Partner Christopher Migliaccio (B.A. in Accountancy) brings financial rigor to complex income cases. Cross‑check your packet with the OAG “Modification Journey” upload list to avoid gaps (Texas Attorney General; Child Support Resources).

File the Right Way in DFW Courts

Venue: File where the court has continuing, exclusive jurisdiction—usually the county that issued your order (Tex. Fam. Code; Texas Statutes).

County Quick‑Links (forms & law libraries)

• Dallas County: Family court forms · Child support information.
• Collin County: Law Library forms.
• Denton County: Law Library resources · Child Support page.
• Tarrant County: CSRP details · Modification/enforcement forms.
• Rockwall County: Law Library family resources.

For additional family law resources, including how to apply for child support services in Texas or to consult with a family lawyer, visit Warren & Migliaccio.

Example: Choose the OAG route for agreed changes. File a private suit when you need quick settings, subpoenas, or to prove intentional underemployment.

Presenting Your Case at the Hearing

Experienced family law attorneys can help you present a strong claim and advocate for your best interest in child support modification hearings.

Avoid These Common Mistakes We See in DFW Courts

10 Proven Ways to Improve Your Chances of Success

Texas Law You Can Rely On

• §156.401 — Modification grounds; retroactivity limits (FindLaw). These statutes also apply in post-divorce situations and in a child custody case when seeking to modify child support or custody orders.
• §154.125 — Percentage guidelines; low‑income table (FindLaw).
• §154.062 — Net resources definition (FindLaw).
• §154.066 — Intentional unemployment/underemployment; imputed income (FindLaw).
• §154.126 — Above‑cap needs (Texas Statutes).
• OAG “Modification Journey” — Legal process and typical timeline (~6 months). We’ve represented North Texas families for nearly two decades. Our accountancy background helps with complex income, bonuses, and self‑employed cash flow.

Case‑Law Spotlight — Iliff v. Iliff (Tex. 2011)

Earning Potential vs. Actual Income (Imputed Income)

In Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011), the Texas Supreme Court confirmed that a court may set child support using a parent’s earning potential when the evidence shows the parent is intentionally unemployed or underemployed. Crucially, the court does not need to find the parent acted in bad faith to avoid the child support obligation.

To determine earning potential, a party must present evidence of the parent’s past income, skills, education, work history, and the specific job opportunities and earning levels in the community. For DFW families, Iliff is vital when one parent’s paycheck falls right before a hearing, yet their background and the job market show they are capable of earning more. We often pair Iliff with §154.066 and proof like prior W‑2s, recent job postings for comparable positions, and LinkedIn or résumé history to show earning power. The result keeps the focus where it belongs—the child’s needs—and prevents temporary or voluntary income dips from driving unfair numbers.

OAG Review vs. Private Lawsuit—Which Strategy Wins for You?

OAG Review (CSRP): Budget‑friendly, structured, best for agreed updates; plan for about six months (Texas Attorney General).

Private lawsuit: More control over discovery and settings; often better for disputed income or imputed income claims.

Example: Alleging intentional underemployment? A private suit lets you subpoena records, set firm deadlines, and secure quicker hearings.

Attorneys can help you evaluate whether an OAG review or private lawsuit is best for your situation, ensuring you choose the most effective strategy for your case.

After the Hearing—Orders, Withholding, and Compliance

Your modified order should address:

• Wage withholding
• Medical/dental support
• Start date for new support payments

Retroactivity: Changes usually run from service or appearance forward, not earlier. The court can only go back and change the Ordered support amount to when the other party is served. Notify the employer and State Disbursement Unit, then track the first two pay cycles of support payments. If support payments fall behind, ask about enforcement (FindLaw; OAG).

If you need help with enforcement or compliance regarding support payments, contact our firm for assistance.

Case Study: Imputing Income to Win a Child Support Modification

Personal Experience from Attorney Christopher Migliaccio

Recently, I met with a mother who was exhausted by constant excuses. Her former spouse had been “between jobs” for months, yet his lifestyle told a different story. They needed a fair order that fit their child’s real needs. I focused on intentional underemployment under §154.066. We gathered prior W‑2s, recent bank deposits, and LinkedIn activity. I pulled current job postings to prove market pay. We filed a private modification, issued subpoenas, and prepared simple summary charts.

At the hearing, I walked the judge through a clear timeline and tied each exhibit to the child’s costs. The court imputed income and set support based on earning potential, not a temporary dip. Custodial parents can seek higher child support if they can prove new or additional expenses for the child. What struck me most was the relief on her face. After nearly 20 years, I’ve learned preparation wins. Accountability protects kids. Every family is unique, but principles stay steady: build proof, follow the statute, and put the child first.

FAQs Regarding Eligibility & Triggers

FAQs Regarding Process & Timelines

FAQs Regarding Costs & Legal Help

FAQs Regarding Calculations & Rules

FAQs Regarding Challenges & Disputes

Notes on Language & Scope (Read This Before You File)

• Texas uses “conservatorship” and “possession” instead of “custody” and “visitation.” We use both for clarity.
• If you support additional children, tell us; this can change the guideline percentage.
• Family law services are focused on DFW/North Texas.
• This guide is for general information and not legal advice. Your facts and county practice matter.

Conclusion

To win a Texas child support modification in DFW, align your facts to §156.401, present clean net resources math under §154.125, address the $9,200 cap with any above‑cap needs, and be ready to prove or rebut intentional underemployment under §154.066. File in the proper venue, build strong evidence, and present a clear timeline tied to your child’s needs (FindLaw; OAG).

We’re here to help. Free consultations are available to review your eligibility, evidence, and venue strategy. Call (888) 584-9614 or contact us online to speak with our Lead Counsel Verified team at Warren & Migliaccio, L.L.P.