A divorce decree or parenting order may establish important responsibilities, but family circumstances do not always remain the same.
Parents throughout Austin, Round Rock, Cedar Park, Georgetown, Pflugerville, Leander, Lakeway, and Buda may eventually experience changes involving employment, income, parenting schedules, or their children’s needs.
Texas law allows certain court orders concerning children to be modified when the applicable statutory requirements are satisfied.
Understanding the modification process can help parents evaluate whether seeking a change to an existing order may be appropriate.
When Can Child Support Be Modified in Texas?
Under Texas Family Code Section 156.401, a court may modify a child support order when the applicable statutory requirements are met.
One common basis for modification is a material and substantial change in the circumstances of the child or a person affected by the order.
In certain cases, a modification may also be available when at least three years have passed since the order was rendered or last modified and the guideline calculation differs from the existing order by at least 20 percent or $100 per month.
However, exceptions apply, including to certain agreed child support orders that differ from guideline amounts.
A parent should not assume that a change in income automatically entitles them to a different support amount.
The court must apply the relevant statutory standards to the circumstances of the case.
What Changes May Justify a Child Support Modification?
Several circumstances may be relevant when evaluating whether a child support modification is appropriate.
These can include:
- A substantial increase or decrease in income
- A significant change in the child’s financial or medical needs
- Changes in health insurance coverage or related expenses
- A change in the person entitled to receive support
- Other circumstances recognized under Texas law
For example, a parent working in Austin’s technology industry may experience changes in compensation, including bonuses, commissions, or equity-based compensation.
Likewise, a parent who owns a business in Round Rock, Georgetown, or Cedar Park may experience substantial changes in income.
Whether those circumstances justify modifying support depends on the applicable legal requirements and the evidence presented.
Can Parenting Time Be Changed After Divorce?
Parents may also seek modifications to existing conservatorship or possession and access orders.
Circumstances that may lead a parent to consider modification include changes in employment, relocation, changes in the child’s needs, or significant developments affecting the child’s welfare.
Under Texas Family Code Section 156.101, modifications of certain conservatorship and possession orders generally require a statutory basis and must be in the child’s best interest.
A material and substantial change in circumstances is one common basis.
Other statutory grounds may apply in particular circumstances.
Parents should understand that disagreement with an existing order, by itself, does not necessarily justify a modification.
What Happens If a Parent Moves Away From Austin?
Relocation is an issue that can arise in Central Texas domestic relations matters.
A parent may move from Austin to Georgetown, from Round Rock to San Antonio, or from Cedar Park to another state.
A relocation may affect school attendance, transportation, parenting schedules, and the ability of parents to exercise possession.
Some court orders contain geographic restrictions concerning a child’s primary residence.
Before relocating with a child, parents should carefully review the existing order and determine whether the proposed move is permitted.
Depending on the circumstances, a parent may need to seek a modification before making a move that would conflict with the order.
Can Parents Agree to Change Child Support or Parenting Time Without Going to Court?
Parents sometimes reach informal agreements concerning parenting schedules or financial responsibilities.
For example, they may agree to exchange weekends, adjust transportation arrangements, or temporarily accommodate changes in employment schedules.
However, informal agreements generally do not replace the terms of an existing court order.
A private agreement to reduce child support does not necessarily change the legal amount owed under the order.
Likewise, a longstanding informal parenting arrangement may not eliminate the need to obtain an appropriate court order when a permanent legal change is desired.
When parents want a lasting modification, formalizing the agreement through the court can help establish clear and enforceable terms.
Why Is the Original Divorce Order Important?
Before requesting a modification, parents should carefully review the original decree or order.
The language of the order may establish decision-making rights, geographic restrictions, possession schedules, child support obligations, and other responsibilities.
Understanding how those provisions were established can help identify which changes may be legally appropriate.
Parents beginning a divorce may benefit from reading our article on Filing for Divorce in Austin, Texas, and Surrounding Communities.
For a discussion of parental rights and possession arrangements, see Parenting Time and Conservatorship in Austin, Round Rock, Cedar Park, and Georgetown.
Where Are Modification Cases Filed in Central Texas?
The court with continuing, exclusive jurisdiction over a suit affecting the parent-child relationship generally retains authority over later modification proceedings, subject to applicable Texas jurisdictional and transfer rules.
That means a parent should not assume that moving to a different county automatically changes which court has authority over the case.
For example, a parent who moves from Travis County to Williamson County may still need to address the existing court’s jurisdiction before proceeding elsewhere.
The Texas Family Code, Chapter 155, addresses continuing, exclusive jurisdiction and related procedures.
Additional rules concerning modification are found in Chapter 156 of the Texas Family Code.
Preparing for a Modification Case
Parents considering a modification may benefit from gathering relevant documentation before proceeding.
Depending on the issues involved, useful records may include financial statements, pay records, tax returns, school records, medical information, and documentation concerning parenting schedules.
Parents should also review the current court order and identify the specific provisions they believe need to change.
Because the legal requirements differ depending on the type of modification requested, obtaining advice concerning the applicable statutory standards may help individuals assess their options.
Child Support and Parenting Time Modifications in Austin and Central Texas
Changes in family circumstances can raise difficult questions about existing support and parenting orders.
Whether you live in Austin, Round Rock, Cedar Park, Georgetown, Pflugerville, Leander, Lakeway, Bee Cave, Buda, or another Central Texas community, understanding the modification process is important before taking action.
Stange Law Firm, PC handles domestic relations matters, including child support modifications, conservatorship, possession and access, and related proceedings.
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