When a court issues a child support order, it assumes that at some point in the future circumstances will change and it will need to alter the order. However, until the court makes an official ruling, your child support order will not change.
The Attorney General of Texas explains that if you wish to modify your child support order, you will have to show you have had a change of circumstances and petition the court.
Making a request
To request a modification, you must submit a Request for Review. Make sure that only you or the other parent submits the request. If you both do it, it could lead to a delay. You must submit the complete request form to the Child Support Division of the Attorney General’s office.
While you can always submit a request for modification, you must meet the requirements to be eligible for a review. If you do not meet the requirements, officials will not review your case and will deny your request.
To be eligible, you must have a substantial change in circumstances that alters the ability to pay support or makes the support amount unreasonable considering both parents’ situations. When it comes to requests based on income, there must be a change or either $100 or 20% according to the guidelines in the amount of child support the court would award, and you have not had a modification in the past three years.
Remember that only the Child Support Division or a court can modify your child support order. You should also note that the decision could increase or decrease the amount of support ordered. It could also stay the same. There is no guarantee that what you want to happen will be the end result.