Legal Ways to Modify or Reduce Child Support in Texas

You cannot straightforward stop paying child support, but Texas law allows you to request a modification if your circumstances have changed

Child support in Texas is a court order, not a voluntary agreement you can walk away from. If you stop paying without a modification from a judge, you will accumulate arrears (back payments), face wage garnishment, lose your driver's license, and potentially face contempt charges that can include jail time. The legal path forward depends on why you want to reduce or change your payments — whether your income dropped, your custody arrangement shifted, or the child's needs changed.

Texas Family Code allows you to request a modification when there has been a "material and substantial change in circumstances" since the last order. This is the only legitimate way to lower your obligation. The process requires filing a petition with the court that issued the original order, and you will need to show specific evidence of the change.

Key Takeaways

• A material and substantial change in circumstances — such as job loss, reduced income, or a custody change — is the legal basis for modifying child support in Texas.
• You must file a petition with the court that issued the original order; you cannot straightforward stop paying or negotiate a new amount with the other parent without court approval.
• Income changes must be documented with recent pay stubs, tax returns, or unemployment records to be considered by the judge.
• If you owe arrears, a modification will not erase past-due amounts, though you may be able to negotiate a payment plan as part of the modification process.
• Failing to pay child support while waiting for a modification hearing can result in wage garnishment, license suspension, and contempt of court charges.

What counts as a material and substantial change in Texas

Texas courts use a specific test: the change must be material (significant enough to matter) and substantial (not temporary). A 10 percent drop in income usually does not meet this threshold, but a job loss, demotion, or shift to part-time work typically does. The change must also have occurred after the last order was entered or, if the order is more than three years old, you can request a modification based on current circumstances alone.

Common changes that courts recognize include: loss of employment, a significant reduction in hours or pay, a change in custody (the other parent now has the child more often), the child turning 18 or graduating high school, a new child born to you requiring support, or a major increase in the child's medical or educational needs. A temporary layoff or seasonal job loss may not be enough; you need to show the change is likely to continue.

Courts do not accept reasons like "I do not want to pay" or "I spent the money on something else." They also do not reduce support because you chose to take a lower-paying job or reduced your hours voluntarily. If a judge believes you deliberately reduced your income to avoid support, they may order you to pay based on your earning capacity rather than your actual income.

How to file a modification petition in Texas

You file a petition for modification with the district court in the county where the original child support order was issued. You can file this yourself (called "pro se") or hire a family law attorney. The petition must state the specific change in circumstances and include supporting documents.

The petition form varies slightly by county, but all Texas courts require you to include: the case number from the original order, the names and birthdates of the children, the current support amount, and a detailed description of the change. Attach recent pay stubs (usually the last 30 days), your most recent tax return, and any other proof of the change — a termination letter, unemployment benefits statement, medical records showing new expenses, or a custody agreement change.

File the petition at the district clerk's office in the courthouse. There is a filing fee, which varies by county but typically ranges from $100 to $300. If you cannot afford the fee, you can request a fee waiver by filing an affidavit of indigency at the same time. Once filed, the other parent will be served with a copy and given time to respond.

What happens after you file

After filing, the court will schedule a hearing, usually within 60 to 90 days. Both you and the other parent will have the chance to present evidence and testimony. Bring your documentation: recent pay stubs, tax returns, proof of job loss or income change, and any evidence of changed custody or the child's changed needs. The judge will review the evidence and decide whether a material and substantial change occurred and, if so, what the new support amount should be.

During this time, you are still legally obligated to pay the current support amount. If you do not pay while the modification is pending, you will still owe arrears. Some judges will allow you to request a temporary reduction while the case is pending, but this is not automatic — you must ask for it and show hardship.

If the judge grants the modification, the new order will be effective from the date you filed the petition or from a date the judge specifies. Any arrears you accumulated before the modification will not be erased, though you may negotiate a payment plan as part of the modification order.

Custody changes and their effect on support

If custody has changed — meaning the child now spends significantly more time with you than the original order assumed — this is a strong basis for modification. Texas uses a formula based partly on how many overnights each parent has. If you now have the child 50 percent of the time instead of every other weekend, the support obligation will drop substantially.

To use this argument, you need a new custody order or an agreed modification signed by both parents and approved by the court. A verbal agreement or informal arrangement does not count. If the other parent has allowed the child to live with you full-time but has not filed paperwork, you should file for a modification and include evidence of the new living arrangement: school records showing your address, testimony from the child or other witnesses, or communications from the other parent acknowledging the change.

What does not count as a reason to stop paying

Texas courts will not reduce or eliminate support because you disagree with how the other parent spends the money, because you want to punish the other parent, or because the child refuses to visit you. You cannot stop paying because you lost a job you quit voluntarily, because you chose to go back to school, or because you have a new family with different financial priorities.

If the other parent is not following the custody order — for example, they are blocking your visitation — that is a separate legal issue. You cannot use it as an excuse to stop paying support. You would need to file a separate enforcement action to address the custody violation. Similarly, if you believe the other parent is misusing support money or the child is not receiving it, you cannot withhold payment; you must file a complaint with the court.

Arrears and what happens if you fall behind

If you do not pay child support, Texas will pursue collection through several methods. Your employer will receive a wage garnishment order, and up to 50 percent of your disposable income can be withheld (or up to 60 percent if you are behind on support). Your state income tax refund will be intercepted and applied to arrears. Your driver's license, professional license, and hunting and fishing licenses can be suspended. Your name will be reported to credit bureaus.

If arrears accumulate, the other parent or the state can file a contempt of court action against you. This is a criminal matter, and you could face jail time. A judge may order you to jail until you pay a specific amount or demonstrate you cannot pay despite good-faith efforts.

If you have fallen behind because of a genuine hardship, the time to act is now. File a modification petition when ready and explain the hardship to the judge. Request a temporary reduction while the case is pending. If you cannot pay the full amount, contact the Texas Attorney General's Child Support Division to discuss payment options or a temporary modification.

Frequently Asked Questions

Can I modify child support if the other parent agrees to a lower amount?

No. Both parents can agree on a new amount, but it must be approved by a judge to be legally binding. If you both agree, you can file a joint petition for modification, which is faster than a contested case. Without a court order, any informal agreement is not enforceable, and the original order remains in effect.

What if I lost my job and cannot pay right now?

File a modification petition when ready and request a temporary reduction while the case is pending. Bring proof of job loss and evidence of your job search efforts. Do not straightforward stop paying — arrears will accumulate and you will face enforcement action. Contact the Texas Attorney General's Child Support Division at 1-800-252-8014 to discuss your options.

Does child support end when the child turns 18?

In Texas, support typically ends when the child turns 18 and graduates high school, or at age 19 if they have not graduated. If the child is still in high school after turning 18, support continues until graduation or age 19, whichever comes first. If the child is disabled, support may continue longer. File a modification petition when the child reaches 18 to have the order updated.

Can I reduce support because I have a new child?

A new child born to you is a material change in circumstances and can be grounds for modification. However, the court will not eliminate your obligation to the first child; it will recalculate based on your income divided among all children you support. File a modification petition and bring the birth certificate of the new child and proof of your current income.

What if the other parent is hiding income or not reporting all their earnings?

If you believe the other parent's income is higher than they reported, you can request a modification and ask the court to order them to produce tax returns, pay stubs, and business records. Bring any evidence you have of unreported income. The judge can order an investigation or require the other parent to testify under oath about their income.