When Can I Modify Child Support?

 Posted on October 16, 2025 in Child Support

After a divorce decree is finalized between parents, it is likely that one party will be responsible for paying child support. This is often a necessary measure to make sure that the child gets access to the same resources as he or she would in a shared household. However, there are situations where the regular child support payments may need to be altered. With the help of a Harris County, TX family law attorney, you can petition for a formal modification in court.

At The Cusic Law Firm, P.C., we provide all of our clients with personable, hands-on assistance. Attorney Dessiray Cusic is Board Certified in family law, highlighting her deep understanding of the law.

Reasons to Modify Child Support

In general, a court order of child support can only be modified when there has been a "material and substantial" change in circumstances (Texas Family Code Sec. 156.401). Sometimes, it can be difficult to determine whether or not your situation has changed enough to a point where a modification is appropriate. Common reasons to modify a support order include:

• The paying parent is unexpectedly laid off from his or her job.

• The child experiences a change in his or her needs.

• The paying parent gets a significant increase in income.

In any case, a petition for a modification from either parent should be in good faith. Additionally, the courts may also consider a modification if it has been three years since the last child support order and the current payments differ more than 20 percent or $100 from the guidelines.

Are Verbal Agreements Okay for Modifying Child Support?

Some parents may wish to avoid the formalities of petitioning to modify child support, and instead choose to work out a verbal agreement with the other parent. While this may be convenient in the short term, this approach can have unintended consequences.

One of the shortcomings of informal agreements is the lack of documentation. If you are later accused of not paying the appropriate amount in child support, citing a verbal agreement may not be helpful. This could lead to you being found in violation of a court order, exposing you to various penalties, including the "missed" child support payments.

How Can I Modify Child Support?

In order to pursue a formal modification of child support, you must file a petition in the county where the last effective order was made. In Texas, you can only modify a court order of child support through a court hearing or an in-office negotiation session known as the Child Support Review Process. Keep in mind that even if you and your spouse agree on a proposed modification to support, a judge’s approval will still be required.

If your petition for a modification is contested by your spouse, we can represent you in court and make a case for a modification that acknowledges your needs while still respecting your child’s best interests.

Contact a Houston, TX Child Support Modification Lawyer

At The Cusic Law Firm, P.C., we know how delicate matters of child support can be. Our Harris County, TX family law attorneys can provide you with compassionate guidance and strong advocacy to help you navigate these issues. To schedule a free consultation today, call our offices at 713-650-1866.