Changing a child support order in Texas (2026)
A Texas court can modify a child support order in two cases: when the circumstances of the child or a person affected by the order have materially and substantially changed, or when it has been three years since the order was made or last modified and the monthly amount differs from the current guideline amount by either 20 percent or $100 (Texas Family Code § 156.401). Only a new order changes the amount; parents can apply to the Attorney General's Child Support Division for a review or file in court.
When can child support be modified in Texas?
Texas Family Code § 156.401(a) allows a court to modify a support order, including an order for health or dental coverage, if either:
- A material and substantial change. The circumstances of the child or of a person affected by the order have materially and substantially changed since the order was rendered, or since the signing of the mediated or collaborative law settlement agreement it was based on; or
- Three years and a guideline difference. It has been three years since the order was rendered or last modified, and the monthly amount differs by either 20 percent or $100 from the amount the guidelines would give now.
If the parents agreed to an amount different from the guideline, the court may modify it only on the first ground (§ 156.401(a-1)).
How does the 20 percent or 100 dollar test work?
Either difference is enough. The comparison is between the amount in the order and the guideline amount for the current circumstances. Three examples for one child, each comparing the guideline at an earlier and a later wage, both computed with the rules in force today:
| Example | Wages before | Guideline before | Wages now | Guideline now | Which part of the test is met |
|---|---|---|---|---|---|
| Moderate raise at a high income | $10,000 | $1,554.17 | $11,000 | $1,691.47 | the dollar difference only |
| Raise at a low income | $1,256.67 | $232.11 | $1,600 | $290.35 | the 20 percent difference only |
| Larger raise | $4,000 | $679.13 | $6,000 | $991.37 | both |
The test works in both directions: a lower income can produce the same size of difference.
What counts as a material and substantial change?
The statute names a few situations and leaves the rest to the court:
- incarceration of the paying parent for more than 180 days (§ 156.401(c-1));
- release from incarceration, if support was abated, reduced or suspended during it (§ 156.401(d));
- not, by itself, an order of joint conservatorship (§ 156.401(c));
- not a history of paying more than the order voluntarily (§ 156.403);
- not an increase in the needs, standard of living or lifestyle of the parent receiving support (§ 156.405).
The Attorney General’s Child Support Division gives as examples a change in the paying parent’s income, a new legal duty to support more children, a change in the children’s health insurance, and the children now living with a different parent.
The court can use the single and multiple family guidelines to decide whether a change warrants modification (§ 156.402), and a new spouse’s income is never added to either parent’s (§ 156.404).
Does the 2025 cap increase allow a modification?
Not on its own date. The net resources cap rose from $9,200 to $11,700 a month on 1 September 2025, but existing orders did not change. For a paying parent with net resources above the old cap, the higher guideline amount can create the 20 percent or $100 difference once three years have passed since the order, or be part of a wider change in circumstances. See the high income guide.
From when does a modified amount apply?
A modification of the amount applies only to support that accrues after the earlier of the date the other party is served with citation or the date that party appears in the modification suit (§ 156.401(b)). Until then the existing order applies in full. The Attorney General’s office states that unpaid support carries interest and that the ordered amount changes only through a court order. Support already unpaid stays owed: a court confirming arrears may not reduce them (§ 157.263(b-3)). The back child support guide covers interest and enforcement, including the federal tax refund offset.
How do you request a review from the Attorney General?
Parents with an open case at the Office of the Attorney General can submit one Request for Review, online or on the paper form mailed to the Child Support Division. The office describes the process this way:
- It contacts both parties within 30 days.
- It gathers both parties’ income, the children’s health insurance and addresses.
- A review specialist decides whether a modification should proceed; both parties can disagree and pursue their own modification.
- If approved, a Child Support Review Process negotiation appointment is scheduled to write a new order for a judge to sign; if a party does not agree, the case goes to court.
The office says obtaining a modified order this way may take at least 6 months. Parents can also file a petition to modify directly with the court that has the case.
What if the order came from another state?
Unless both parents and the child now live in Texas, a Texas court can modify another state’s order only as the Uniform Interstate Family Support Act in chapter 159 allows (§ 156.408). See moving to another state.
Open this family in the Texas calculatorWhat this guide does not cover
This guide does not cover court filing steps and forms, temporary orders, or modification of custody and possession. The calculator cannot compute an order made before 1 September 2025 under the earlier cap and tax charts, so the examples above use today’s rules for both incomes. The engine also leaves out these parts of the Texas guideline:
- For children in one household. Children in more than one household are computed with a credit for the other children (154.128), or with the alternative table in 154.129; not modeled.
- Dental support (up to 1.5% of the paying parent's resources, 154.1825), cash medical support when no health insurance is available (154.182(b)(3)) and uninsured medical costs (154.183(c)) are ordered on top of this, not modeled.
- Self-employment income is not modeled. The engine deducts an employee's Social Security and Medicare; for self-employment income the Attorney General's self-employed chart deducts self-employment tax instead, which gives lower net resources.
- Net resources here only count wages. Other income and some deductions (154.062) are not modeled.
The figures are estimates of the guideline amount. A court can order a different amount, and an existing order only changes when it is modified.
Run your own numbers
This guide's example: in Texas, 1 child; the other parent earns $11,000 a month before tax. The guideline amount is $1,691.47 a month. Change any number in the calculator and every step of the formula updates.
Open this family in the Texas calculatorQuestions
How often can child support be modified in Texas?
There is no fixed waiting period for the material and substantial change route. The other route requires three years since the order was rendered or last modified, plus a difference of 20 percent or $100 from the current guideline amount (§ 156.401(a)).
What counts as a material and substantial change in Texas?
The statute does not list them all. It names some: incarceration for more than 180 days, and release if support was abated during it (§ 156.401(c-1) and (d)). The Attorney General lists income changes, a legal duty to support more children, changes in the children's health insurance, and the children living with a different parent.
Can child support go up if a review is requested?
Yes. The Attorney General's office states that a modification can raise the amount, because the review uses the paying parent's current income.
Can parents agree to change child support without going to court?
Parents can agree, but the ordered amount changes only through a court order or the Attorney General's Child Support Review Process, which produces an order for a judge to sign. Informal agreements do not change it.
Does losing a job automatically lower Texas child support?
No. The order stays in force until it is modified, and a new amount applies only from the date the other parent is served or appears (§ 156.401(b)). The Attorney General's office says it can set an amount from past employment, ability to work and the federal minimum wage.
Can I ask for a child support modification online in Texas?
Yes, when the case is open with the Attorney General's office. Its online Child Support Order Modification Request form asks for a review of the court order and takes uploads of pay stubs, W-2s or tax returns, school enrollment records and proof of the children's health insurance. Without an open case, a parent first applies for the office's services, or files a petition to modify with the court that has the case.
Sources
- Texas Family Code chapter 156, subchapter E, Modification of child support (§§ 156.401 to 156.409)
- Support Modification Process
- Modification Journey
- Employment Changes
- Texas Family Code § 157.263, Confirmation of arrearages
- Child Support Order Modification Request (online form)
- Request for Review form
- 2025 Revised Tax Charts (cap raised on 15 August 2025, effective 1 September 2025)
- Figures on this page are computed by the Coparent Math engine with Texas's rules in force on 2 Nov 2026 unless a table says otherwise, from:
- Texas Family Code chapter 154, checked 2 Nov 2026
- Texas OAG revised 2025 tax charts (standard deduction and brackets used), checked 31 Oct 2026
- IRS Rev. Proc. 2025-32 (2026 inflation adjustments), checked 31 Oct 2026
- Social Security Administration: contribution and benefit base, and OASDI and HI tax rates, checked 31 Oct 2026
- Texas OAG 2026 tax charts (net resources cap effective 1 September 2025, in the chart's footnotes), checked 31 Oct 2026
Related guides
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In the same hub
- Back child support (arrears) in Texas (2026)In Texas, every missed child support payment is a final judgment, and the unpaid amount carries simple interest of 6 percent a year until it is paid or confirmed as a money judgment, which then carries the same rate (Texas Family Code §§ 157.261 and 157.265). Arrears can be collected by income withholding, liens, license suspension, federal tax refund intercept and passport denial, and enforced by contempt with jail. A court cannot forgive or reduce confirmed arrears, and the right to collect continues after the child turns 18.
- Self-employment, imputed income and what counts in Texas (2026)In Texas, self-employment income counts after the ordinary and necessary expenses needed to produce it, and a court may exclude depreciation or other expenses it finds inappropriate (Texas Family Code § 154.065). If a parent earns significantly less than they could because of intentional unemployment or underemployment, the court may apply the guideline to earning potential (§ 154.066); with no evidence of income at all, it presumes the federal minimum wage for a 40 hour week (§ 154.068).
- Texas child support by income (2026)Texas child support is 20% of the paying parent's net resources for one child, 25% for two and 30% for three, so it rises with income until net resources reach $11,700 a month. On a salary of $50,000 a year, the 2026 guideline for one child is $705.92 a month; on $100,000 it is $1,319.67.
- Child support above the income cap in Texas (2026)Since 1 September 2025 the Texas guideline applies to the paying parent's net resources up to $11,700 a month. For one child that caps the guideline at $2,340.00 a month. A court may order more than the guideline only depending on the parents' incomes and the proven needs of the child, and never more than the greater of the guideline amount or the child's proven needs (Texas Family Code § 154.126).
- Child support for more than one child in Texas (2026)In Texas the guideline percentage rises with each child: 20% of the paying parent's net resources for one child, 25% for two, 30% for three, 35% for four and at least 40% for five or more (Texas Family Code § 154.125). When the paying parent also supports children in another household, the court gives a credit for those children first (§ 154.128) or uses the multiple family table (§ 154.129).
- Child support on a low income in Texas (2026)When the paying parent's net resources are under $1,000 a month, Texas uses a low-income table: 15% of net resources for one child instead of 20% (Texas Family Code § 154.125(c)). When there is no evidence of a parent's income, the court presumes the federal minimum wage for a 40 hour week (§ 154.068), which the 2026 tax charts put at $1,256.67 a month gross.
The same topic in other states
- Modifying a child support order in New York (2026)A New York child support order can be modified when there is a substantial change in circumstances, when three years have passed since it was entered, last modified or adjusted, or when either parent's gross income has changed by 15 percent or more since then (Family Court Act § 451(3); Domestic Relations Law § 236(B)(9)(b)(2)). Parents can opt out of the three-year and 15 percent grounds in a validly executed agreement or stipulation. Separately, the Child Support Program reviews orders it handles every two years for a cost of living adjustment.
- How a Virginia child support order is changed (2026)A Virginia child support order changes only when a court revises it, either on a parent's petition or after a review by the Division of Child Support Enforcement (DCSE), and the court needs a material change in circumstances. A change can reach back only to the date the other parent was given notice of the petition (Code of Virginia § 20-108). In DCSE reviews, a material change is deemed to exist when the guideline amount differs from the current order by at least 10 percent and at least 25 dollars a month (§ 63.2-1921 C).
Comparisons
- Texas vs New York child support: which state is higher? (2026)For a typical middle income family New York's guideline is higher than Texas's. For two children and a paying parent earning $6,000 a month, it is $1,385.25 in New York and $1,239.21 in Texas, and the gap widens when there is child care, which New York adds and Texas does not. At low incomes the order flips: New York's low income rules can bring support far below the Texas amount.
- Texas vs Virginia child support: which state is higher? (2026)It depends mostly on two things: the income of the parent the children live with, and custody time. Texas looks only at the paying parent's net income, so for two children and a paying parent earning $6,000 a month it is $1,239.21 whatever the other parent earns. Virginia uses both incomes and is $1,094.40 when the other parent earns $4,000, and $258.86 with 182 days a year of shared time. When the parent the children live with has no income, or at very high incomes, Virginia can be higher.
More about Texas
- Child support and your tax refund: the offset rules (2026)Yes. Under 42 U.S.C. § 664, the Treasury withholds a federal tax refund to pay past-due child support that a state child support agency has certified, and sends the money to that state. A case qualifies when at least $150 is owed on support assigned to the state for public assistance, or at least $500 in other cases (45 CFR 303.72). The state must send a notice first that explains how to contest the amount, and a spouse on a joint return can claim their share back with IRS Form 8379.
- Child support when parents live in different statesWhen parents live in different states, the court that sets support applies its own state's law and guideline (Texas Family Code § 159.303). A state can make an order against a parent who lives elsewhere only on one of the jurisdiction bases in the Uniform Interstate Family Support Act (§ 159.201); otherwise the case is heard in the other parent's state, with the two states' child support agencies working together. An order from another state is registered to be enforced, and in Texas the other party has 30 days after notice to contest it (§ 159.605).
- Does 50/50 custody mean no child support? Texas, New York and Virginia (2026)No. In Texas, New York and Virginia, equal time with each parent does not by itself end child support. Only Virginia's guideline uses the number of days: above 90 days a year with each parent, a shared custody formula lowers support, and with equal time the parent who earns more usually pays the difference. Texas and New York apply their usual formula; in Texas, parenting time is a factor a court may weigh to depart from it, and New York's statute has no shared custody formula, but with truly equal time its appellate courts make the parent with the larger income share the paying parent.
- How child support is calculatedEvery state sets a guideline formula in law, and courts apply it unless they find it unjust or inappropriate. The formula takes the parents' income (gross or net, one parent's or both), turns it into a base amount with a percentage or a schedule, adds some costs such as child care and health insurance, and in some states adjusts for parenting time and very low or high incomes. Texas, New York and Virginia each do these steps differently, so the same family gets a different figure in each.
- Income shares vs percentage of income: how child support models differ (2026)A percentage of income model sets support as a fixed share of the paying parent's income, and the other parent's income does not enter the formula. An income shares model starts from both parents' combined income, finds the basic support amount the guideline sets for that income, and splits it in proportion to each parent's income. Texas uses a percentage of the paying parent's net resources, Virginia uses income shares, and New York applies a fixed percentage to both parents' combined income and splits it by income.
- Child support and taxes: what the IRS says (2026)Child support is neither taxable nor deductible under federal tax law: the IRS says child support payments are not deductible by the parent who pays them and not taxable to the parent who receives them. Who claims the child is a separate question. The IRS treats the parent the child lived with for more nights in the year as the one entitled to claim the child; that parent can release the child tax credit to the other parent with Form 8332, but head of household status, the earned income credit and the child care credit stay with the parent the child lived with.