When a parent’s financial situation changes significantly, Texas law may allow for a child support modification. Understanding what courts require helps parents determine whether they have grounds to file.
The legal threshold: material and substantial change
Texas courts may modify a child support order when there has been a material and substantial change in circumstances since the order was entered. This fact-specific standard applies based on changes in either parent’s income, employment status or the child’s financial needs.
Texas law also allows a review based on time. After three years from the order’s issuance or last modification, a court may modify child support if the guideline amount differs from the current order by at least 20% or $100. This rule applies when the original order used statutory guidelines.
Types of qualifying income changes
Several types of income changes may support a modification request in Texas:
- Job loss, layoffs and involuntary terminations: Courts examine whether the income loss was outside the parent’s control. If a parent voluntarily changes careers or reduces working hours, the court evaluates whether the decision was made in good faith or to intentionally lower child support; if intentional, the court may calculate support based on earning capacity rather than actual income.
- Voluntary income reduction or underemployment: If a parent chose to earn less, a court may assign income based on earning potential. This can happen even if the parent did not plan to lower support.
- Significant raises or new employment: A large pay increase may support a higher support amount. The increase must meet the required legal threshold.
- Retirement: Courts assess whether the parent retired by choice or by need. They also review the parent’s age, health and income from retirement benefits. Choosing to retire early does not reduce support by default.
- Disability: A disability that reduces earning capacity may support a review. Courts examine medical records and whether the parent sought other income despite those limits.
Not all income changes meet the required standard. Courts apply the material and substantial change test to each case based on the specific facts and records filed.
Documenting an income change
Strong documentation supports a modification request. Pay stubs, tax returns and termination letters establish a parent’s current financial circumstances compared to when the original order took effect. Courts rely on verified records rather than unsubstantiated claims. The Texas Family Code outlines the financial information courts consider when evaluating a modification.
What to consider before filing
If a parent’s income has changed substantially, the outcome depends on whether the circumstances meet the legal standard, how long ago the order was set and whether the documentation supports the request. Knowing what courts require before filing can help a parent build a stronger case and avoid unnecessary delays.
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