To win a Texas child support modification, file promptly and prove a statutory ground under Texas Family Code §156.401. Bring guideline‑ready financial and child‑expense proof. Courts usually change orders prospectively from service or appearance, so speed and clean documentation matter.
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, our Dallas child custody and child support attorneys have represented families across Dallas, Collin, Denton, Tarrant, and Rockwall counties since 2006, using financial precision and steady advocacy to build strong, credible cases.
Quick Answer: What does it take to win a child support modification in Texas?
Texas: You win by promptly filing and proving Texas Family Code §156.401 grounds; modifications typically run only from service or appearance forward, so submit guideline‑ready income and child‑expense evidence now.
- File in the court with continuing, exclusive jurisdiction immediately.
- Compile pay stubs, tax returns, insurance premiums, and child‑expense receipts.
- Demonstrate a material change or the three‑year/20%/$100 guideline trigger.
Texas Child Support Modification
The Texas law provides two paths to modify a child support order under Texas Family Code §156.401:
- 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.
- 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 child 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).
Related: Does Child Support Increase If Salary Increases?
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. Cross‑check your packet with the Texas Office of the Attorney General (OAG) “Modification Journey” upload list to avoid gaps.
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).
Need-to-Know Highlights
- Prove §156.401 grounds: material change or three‑year/20%/$100 rule.
- Orders typically change prospectively from service or appearance—file fast.
- Bring clean net‑resources math and child‑specific expense proof.
- Courts may impute income for intentional underemployment (§154.066; Iliff).
- Above‑cap support requires evidence of additional needs (§154.126).
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 North Texas 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: Securing a Fair Support Order by Imputing Income
A North Texas parent came to us overwhelmed and tired of excuses. Her co-parent had been “between jobs” for months, but his spending didn’t match his claims. She wanted a support order that actually covered their child’s needs. I focused on intentional underemployment under Texas Family Code §154.066. We filed a private modification, issued targeted subpoenas, and gathered prior W-2s, bank deposits, and résumé/LinkedIn history. I also pulled current local job postings to show realistic wages and built simple charts tying those numbers to net resources and the child’s monthly costs.
At the hearing, I walked the judge through a clear timeline and the evidence. The court found intentional underemployment, imputed income to a reasonable earning level, increased support, and ordered wage withholding and medical support—effective prospectively from service. The relief on my client’s face said it all. The takeaway: when paychecks dip but skills and the job market tell a different story, clean proof plus §154.066 can secure a fair result. File quickly, organize your evidence, and keep the focus on the child.
Frequently Asked Questions
FAQs Regarding Eligibility & Triggers
What Percentage Change Qualifies for Child Support Modification in Texas?
Texas requires a 20% or $100 monthly difference between your current order and today’s guidelines, plus three years since the last order. You can modify sooner with material and substantial changes like job loss, medical expenses, or custody changes.
Can I Modify Child Support If I Lost My Job in Texas?
Yes, job loss qualifies as material and substantial change for immediate modification. Keep paying current amounts until a judge approves changes. Courts may impute income based on earning potential if unemployment appears voluntary per Texas Family Code §154.066.
What Counts as Material and Substantial Change in Texas?
Material changes include income shifts over 20%, job loss, new health insurance costs, additional children, or custody changes since the last order. You must provide proof showing how the change affects your child’s best interests.
Can Military Deployment Affect Child Support Modification?
Deployment alone doesn’t qualify as material change. However, PCS moves affecting custody arrangements do qualify. Military families can request expedited review through the Attorney General’s HEROES program for faster processing.
FAQs Regarding Process & Timelines
How Long Does Child Support Modification Take in Texas?
The Attorney General’s review process typically takes 6-12 months due to backlogs. Filing directly with county court moves faster: 3-6 months for uncontested cases. Dallas, Collin, Denton, Tarrant, and Rockwall counties average similar timelines.
What Documents Do I Need for Child Support Modification in Texas?
Essential documents include:
Last 3 years of tax returns
6 months of recent pay stubs
Current child support order
Medical insurance statements
Childcare expense receipts
Can Child Support Modification Be Retroactive in Texas?
No, modifications apply from the date of service or court appearance forward, never earlier. Arrears from earlier months remain due. File immediately when circumstances change. Informal agreements without court approval carry no legal weight.
How Often Can I Request Child Support Modification in Texas?
There’s no set limit on modification requests. Each filing requires proving material and substantial change or meeting the three-year/20%/$100 rule. Courts discourage frivolous filings but protect legitimate needs whenever circumstances change.
FAQs Regarding Costs & Legal Help
How Much Does It Cost to Modify Child Support in Texas?
Expect $200-350 in county filing fees plus $2,500-5,000 in attorney fees for contested cases. The Attorney General’s administrative review is free but slower. Income-based fee waivers are available for qualifying parents.
Do I Need a Lawyer for Child Support Modification in Texas?
Simple uncontested cases with full documentation can be handled through the Attorney General’s office. Hire a lawyer for contested cases, self-employment income issues, interstate modifications, or when the other parent has representation.
FAQs Regarding Calculations & Rules
How Do Texas Courts Calculate Modified Child Support?
Courts apply percentages to net monthly resources up to $9,200:
One child: 20%
Two children: 25%
Three children: 30%
Four children: 35%
Five or more: 40%
What Is the Three-Year Rule for Texas Child Support?
After three years, you qualify for modification if current guidelines would change support by 20% or $100 monthly. No material change proof needed. This automatic review right ensures support stays fair as circumstances evolve naturally.
FAQs Regarding Challenges & Disputes
What Happens If Child Support Modification Is Denied?
Request a de novo hearing within three days for reconsideration. Otherwise, refile after 30 days with stronger evidence. Consider mediation or informal negotiation while gathering additional proof addressing the specific denial reasons.
Does 50/50 Custody Eliminate Child Support in Texas?
No, equal parenting time doesn’t end support obligations. Courts use an offset method considering each parent’s income. The higher-earning parent often pays support to balance expenses and serve the child’s best interests.
What If the Other Parent Quits Their Job to Avoid Child Support?
Courts can use earning potential instead of actual income under Texas Family Code §154.066. Evidence like prior W-2s, work history, and job postings proves intentional underemployment. Judges impute income to protect children’s financial needs.
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.
