Texas law does not let parents simply agree to pay a different amount and walk away. Until a court formally modifies the order, the original amount controls, and any unpaid difference becomes enforceable arrears.

That makes timing critical. A Board Certified family law attorney at Scott M. Brown & Associates can evaluate whether your situation meets the threshold. We move your case forward before the gap between what was ordered and what is realistic grows any wider.

Texas law provides a second pathway under sec. 156.401(a)(2). If three years have passed since the order was established or last modified, and the monthly support amount differs by either 20 percent or $100 from what the current guidelines would produce, modification is available without proving a material change.

One important limit: if the original order was an agreed order with a support amount that deviates from the guidelines, sec. 156.401(a-1) strips that automatic three-year pathway. In that situation, you have to prove a material and substantial change regardless of how much time has passed.

The phrase “material and substantial” is intentionally flexible. Courts apply it case by case, but certain fact patterns consistently meet the threshold. Common qualifying changes include:

• Job loss or a significant reduction in income for the paying parent.
• A significant increase in income for either parent.
• A change in the child’s primary residence or possession schedule.
• Substantial changes in the child’s medical, educational, or special needs.
• A new child in either parent’s household, which affects available resources under the guidelines.
• Changes in health insurance availability or premium costs.

What does not qualify: general dissatisfaction with the current amount, minor raises, or situations that were already present and could have been raised at the time of the original order. Courts focus on what changed after the order was signed, not what was arguable before it.

Once a modification is granted, the court applies the Texas Child Support Guidelines to calculate the new amount. The guidelines use a percentage-of-income formula based on the paying parent’s monthly net resources. Tex. Fam. Code sec. 154.125 ^[2] sets the percentage schedule: 20 percent for one child, 25 percent for two children, 30 percent for three, 35 percent for four, and 40 percent for five or more.

The guidelines apply to net resources up to $11,700 per month. That cap took effect September 1, 2025, replacing the prior $9,200 cap. Support for net resources above the cap is determined by the child’s proven needs. The court can deviate from the guidelines when circumstances warrant, but any deviation has to be supported by findings in the order.

The new cap creates a real planning angle. Orders calculated under the old $9,200 figure may no longer reflect the guideline amount today. If you are paying or receiving support under an older order, the gap could be substantial.

Use the 2026 Texas Child Support Calculator to see how the current guidelines apply to your income and custody arrangement before you file.

1. Confirm grounds. Determine whether you have a qualifying material change or meet the three-year and 20-percent threshold before filing.
2. File a petition. The requesting parent files a Petition to Modify the Parent-Child Relationship in the court that issued the original order. Filing fees vary by county.
3. Serve the other parent. The other parent must be formally served and given the opportunity to respond. Getting them served quickly matters more than most people realize, for reasons explained below.
4. Disclose financial information. Both parties exchange current income and expense documentation, typically pay stubs, tax returns, and a sworn financial information statement.
5. Negotiate or mediate. Most modification cases resolve before trial through negotiation or mediation. If both parents agree on a new amount, the agreement is submitted to the court for approval.
6. Attend a hearing. If no agreement is reached, the court holds a hearing. Both sides present evidence of the changed circumstances and current financial situation.
7. Court signs the modified order. A new order replaces the old one. The effective date of the new amount is governed by statute, not by when the petition was filed.

If the current order creates immediate hardship while your case is pending, your attorney can request temporary orders under Tex. Fam. Code sec. 156.006. ^[3] Temporary relief is not automatic, but it is available when the facts support it.

That rule has a real practical consequence. Filing the petition is not what protects you. Service or appearance is. Every week between filing and service is a week during which the old amount keeps accruing under the original order. You cannot recover overpayments or erase arrears through modification alone.

This is why timing the filing and getting the other parent served quickly matters. Delay costs money in the most literal sense.

If the other parent has already pursued a formal enforcement action for unpaid support, that process runs separately from a modification. Texas child support enforcement carries its own remedies, including wage garnishment, license suspension, and contempt proceedings. None of those stop because a modification petition has been filed.

Our attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization, a designation held by fewer than one percent of Texas attorneys. That certification is not a title. It is evidence that we know the Texas Family Code, the local courts, and the specific judges who will decide your case.

We prepare every modification case for trial, even when settlement is the likely path. That readiness gives us leverage in negotiation, because the other side knows we are ready to litigate if we have to.

Whether you are the parent asking for a reduction or the parent opposing one, we can evaluate your current order, your documented change, and your realistic outcome before you commit to a filing strategy.

Call (979) 652-5246 or schedule online. Our offices in Angleton, Pearland, League City, and Sugar Land serve families across Brazoria, Harris, Fort Bend, and Galveston counties.

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