Child support orders are designed to reflect the financial circumstances of both parents and the needs of their children at the time they are issued. But life changes. A new job, job loss, medical challenges, or shifts in custody can all make a once-appropriate order outdated or unfair. In these situations, either parent can request a modification through the courts.
At the Law Office of Brett H. Pritchard, we help Killeen families navigate child support modifications efficiently and with a focus on the child’s best interests. Whether you need to increase or reduce support, our Killeen child support attorneys are here to help you understand your rights and options.
When Can Child Support Be Modified in Texas?
Under Texas Family Code §156.401, a parent may request a modification if:
A material and substantial change in circumstances has occurred since the last order, or
It has been three years since the last order, and the calculated amount under current guidelines would differ by at least 20% or $100 per month.
Examples of Material and Substantial Changes:
A significant change in either parent’s income (increase or decrease)
A promotion or involuntary job loss
Changes in the child’s healthcare or educational needs
Custody or visitation changes
Courts will only approve a modification when these changes are well-documented and significant. If you believe you meet the qualifications, speak with a Killeen child support attorney to assess your case.
How to Modify Child Support in Killeen
To start a modification, the requesting parent must file a Petition to Modify the Parent-Child Relationship in the same court that issued the original order. Here’s a general overview of the process:
1. Filing the Petition
The petition formally asks the court to change the existing child support order and outlines the reason for the change.
2. Serving the Other Parent
The other parent must receive legal notice of the modification request. A process server, sheriff, or constable typically handles this step.
3. Court Hearings or Conferences
If the case isn’t settled through agreement, the court will hold a hearing. Both sides may present financial records, evidence of changed needs, and testimony.
4. Judge Reviews and Issues a New Order
If the judge agrees that a change is justified, a new child support order will replace the prior one.
Getting legal guidance early in the process can help you avoid errors and delays. Contact a child support lawyer in Killeen to help you prepare strong evidence and navigate the Bell County court system.
Common Reasons to Modify Child Support
While every case is unique, here are some of the most frequent reasons parents seek a modification:
Job Loss or Change in Income
If a parent loses their job or faces a significant reduction in income through no fault of their own, they may qualify for reduced payments. However, courts are less sympathetic when income is voluntarily reduced.
Pay Increase or Inheritance
If the paying parent’s financial situation improves significantly, the receiving parent may seek an increase in support. Courts evaluate whether additional support aligns with the child’s needs.
Medical or Special Needs
Unexpected medical costs, therapy, or disabilities affecting either the parent or the child may warrant a change in child support.
Changes in Custody or Parenting Time
When the parenting schedule changes substantially, support may need to be recalculated to reflect which parent provides more day-to-day care.
Remarriage or Additional Children
While remarriage alone doesn’t typically justify a change, having more children to support may affect the court’s decision in some cases.
What Evidence Is Required to Modify Child Support?
The court will require proof of the alleged change in circumstances. The following types of evidence often play a key role:
Recent pay stubs and employment letters
Tax returns from the past two years
Termination or employement offer letters
Medical bills and insurance records
Proof of childcare or educational expenses
Custody schedules or changes in parenting time
Accurate, thorough documentation is essential. A skilled family law attorney can help you gather and present the necessary evidence.
Temporary Child Support Modifications
If a change in circumstances is likely to be short-term—for example, a temporary disability or job loss—the court may grant a temporary order. These are typically set to expire after a specific date or event.
Temporary orders allow families to maintain stability during transitional periods without making permanent changes.
Administrative Modification Options
Parents may also pursue modification through the Texas Office of the Attorney General (OAG) using the Child Support Review Process (CSRP). This process allows both parents to negotiate new terms outside of court, as long as they agree on the outcome.
If there is disagreement or the case involves complex legal or financial issues, the case will likely be referred back to court. Many families choose to work with a child support lawyer during CSRP to ensure their rights are protected.
Factors Courts Consider During Modification
Courts consider many factors before approving a change:
Both parents' current and future earning capacity
The child’s medical and educational needs
Each parent’s ability to provide necessities
Whether a parent is voluntarily underemployed
Any change in parenting time or custody
Most importantly, the court will determine whether the proposed modification serves the child’s best interests.
Talk to a Killeen Child Support Attorney Today
Child support modification can be a complex legal process, but you don’t have to handle it alone. At the Law Office of Brett H. Pritchard, we help parents petition for fair adjustments that reflect real-life changes and uphold their children's well-being.
Whether your income has changed, your child’s needs have increased, or custody arrangements have shifted, we’re here to guide you through every step. Call us at (254) 781-4222 or contact us online to schedule a FREE, confidential consultation.