Wilfried P. Schmitz & Associates, P.C.
Practicing Family Law in Harris, Galveston, Fort Bend,
Brazoria and Liberty counties in Texas since 1984

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Modifying your Texas child support order

When you have a child support order in place in Texas, you need to take certain steps to request a change to the amount you currently pay or receive. Certain circumstances have to come to fruition to warrant a change to an existing child support order. Unless a new court order changes the amount paid or received, the paying parent must continue to pay the full amount as directed.

Per the Attorney General of Texas, the parent paying child support must pay interest at 6% for any unpaid child support payments in the absence of a child support order modification. If one of you does want to request a modification, your situation must meet the following criteria.

When you may request a modification

You may move forward with asking for a review of your child support order if at least three years have gone by since the order took effect. To do so, the new amount current child support guidelines would dictate must differ from the original amount ordered by either 20% or $100. You may also ask for a review of your child support order if a material and substantial change in circumstances has occurred.

What counts as a material and substantial change

A material and substantial change in circumstances may occur if you or your child’s other parent loses a job or begins making less money. Changes to your child’s health insurance may also constitute this type of change and warrant a child support order review. If the paying parent now has more children for whom he or she must provide, this may also constitute a material and substantial change in circumstances.

If you wish to move forward with requesting a review of your child support order, you may do so via the website of the Texas Attorney General.