The “Material and Substantial Change” Standard 

So what does this mean in practice? In essence, the change has to be meaningful and, more often than not, long term. Judges are not interested in having people return to court over small issues or slight variations in their circumstances. The changes below are some of the most common material and substantial changes that tend to be approved by a Texas court. 

• Significant Change in Income: Lost a job, had a significant pay cut, or received a major pay raise that makes a big difference? Your financial situation is at the core of child support modifications, so it matters. 
• Change in the Child’s Needs: Developed a medical condition? Need additional educational or therapy services? Expanded costs for your child also provide justification. 
• Shift in Primary Custody: If the primary parent (the one who has the majority of physical custody time) has changed, the associated costs for the child may also change as well. 
• New Family Dynamics: Remarriage or a new child can sometimes impact child support obligations. 
• Changes in Health Insurance or Out-of-pocket Costs: Substantial modifications in costs for your child’s health or dental insurance can be a reason for modification. 

The Three-Year Review Rule 

It is also worth mentioning that Texas has a specific rule regarding modifications every three years. If it’s been at least three years since your last order, and if your current support amount according to the Texas child support guidelines would be either 20% more or less or at least $100 more or less than the amount in your last order, then you can use this as grounds to ask for a modification as well. 

The Legal Procedure for Modification 

It is important to note that you cannot just agree to a new child support arrangement with the other parent and call it a day. Even if the change is technically in your favor and both parents agree to it, it is still necessary to complete the proper legal process so that your new agreement is recognized by the court. That’s where we come to the nitty-gritty of the modification process. Here’s what you can typically expect: 

Step 1: File a Petition to Modify  

The starting point for a modification request is filing a “Petition to Modify the Parent-Child Relationship” with the same court that made your original order. This is how you notify the court that you would like them to review the child support order. Please note that until the court grants the modification, the original order remains in effect. This means that you must continue to make child support payments as scheduled. Missing payments can result in legal trouble, even if you expect your order to change. 

Step 2: Serve the Other Parent  

After your petition is filed, the other parent must be officially notified of the case and any proposed modifications in a procedure known as “service of process.” This ensures that all parties are informed of the pending case. The process typically involves delivering the paperwork by a sheriff or process server, who will give the other parent an opportunity to file a response. 

Step 3: Negotiation and Mediation  

It’s worth noting that not all modification requests will lead to a court trial. Parents can sometimes negotiate between themselves, either on their own or with the help of attorneys, and reach an agreement about an updated support amount. In this case, the new agreement must simply be submitted to the judge for their approval. 

However, if negotiation doesn’t work, the next step may be mediation. In mediation, a neutral third party, called a mediator, assists the parents in working through their issues. If mediation results in a compromise, it can be used to craft a mutually acceptable solution. Mediation is a fairly standard part of the Texas family law system, and it’s usually far less stressful and acrimonious than a trial. 

Step 4: Court Hearing  

If both parents cannot come to an agreement, the court will schedule a hearing. Each side will be able to present its arguments to a judge, who will then make a final decision. This is why documentation, including evidence of the changes you have mentioned above, is so important. If the hearing results in a modification, the court will issue a new order. It will then take effect on the date specified in that order or on the date the judge sets. If it doesn’t, then the existing order remains in place. 

Preparing Your Case for a Child Support Modification 

The formal court process described above is necessary only if the other parent is unwilling to negotiate an agreement or if mediation fails to produce a resolution. However, if you do end up needing to prove your case before a judge, that does not mean that there is no work to be done. On the contrary, being organized and prepared for a hearing is one of the single most important things you can do to increase the chances of a favorable outcome. 

Gathering Your Documentation 

Here are some of the most important documents that you’ll want to be sure to have: 

• Proof of Income: Pay stubs, tax returns, or any other official document showing your income. 
• Proof of Job Loss: Documentation such as a termination letter or unemployment benefits claims, if applicable. 
• Documentation of Child’s Expenses: Receipts or invoices for any costs related to your child’s additional needs, such as medical bills, therapy, or tutoring. 
• Health Insurance Information: Evidence of what you pay for your child’s health or dental insurance. 
• Current Court Orders: Copies of your existing child support and custody orders. 

Legal Representation 

As you can see, the Texas family law system can be somewhat complex and difficult to navigate. There are all sorts of rules, procedures, and deadlines that are easy to miss if you’re not working with an attorney. That is why we’d like to take a moment to urge you to contact The Warner Law Firm if you need to modify your child support order. We know Texas family law backward and forward, and we can make sure that your rights and interests are protected whether you’re just looking to negotiate or need to go to trial. 

Conclusion 

Requesting a child support modification in Texas can seem daunting, but the system is there to accommodate the changing needs of families. Whether you are dealing with a substantial change in circumstances or simply want to review the order every three years, being informed is the first step. Remember that the key to a successful modification request is following the correct procedure, having the necessary evidence, and not going at it alone. 

Families and financial situations are all different, and personalized legal advice can be invaluable. If you believe it is time to modify your child support order or if you have questions about how to get started, The Warner Law Firm is here to help. Our attorneys are well-versed in Texas family law and are ready to explain your rights and work with you to find a solution. Contact Warner Law Firm for a consultation.