Life doesn’t stand still after a divorce. Job loss, relocation, or changes in income can make it difficult to meet existing support obligations — or may justify an increase in support. Fortunately, Texas law allows parents and former spouses to modify child support and spousal maintenance orders when circumstances change significantly.

At Webb Family Law, we help clients throughout North Texas petition for — or defend against — modifications while ensuring the best interests of children and families remain the focus.

When Can Support Orders Be Modified?

Under Texas Family Code §156.401, a support order can be modified if:

1. Circumstances have materially and substantially changed, or
2. Three years have passed since the last order, and the monthly amount differs by either 20% or $100 from current guidelines.

Common “material and substantial” changes include:

• Job loss or significant change in income
• Relocation or increased travel expenses for visitation
• Changes in the child’s medical or educational needs
• Remarriage or new household income
• Health issues that affect a parent’s ability to work

Modifying Child Support

The Texas Office of the Attorney General (OAG) and the courts both have authority to review and modify child support orders. However, formal approval is required — parents cannot simply agree to new terms privately.

Courts consider the best interest of the child when evaluating requests. If a parent becomes unemployed, they must show good faith efforts to find work, and temporary reductions may be granted until employment resumes.

In some cases, increases may be warranted when the paying parent’s income rises substantially or the child’s needs increase (e.g., medical or educational costs).

Modifying Spousal Maintenance (Alimony)

Unlike child support, spousal maintenance can only be modified downward — not upward — under Texas Family Code §8.057.

A court may reduce or terminate maintenance if:

• The receiving spouse remarries or cohabitates with a new partner,
• The paying spouse experiences a substantial decrease in income, or
• The recipient becomes self-sufficient.

The requesting party must prove that the change in circumstances is significant and ongoing — not temporary or voluntary.

The Legal Process for Modification

Modifications require filing a petition in the same court that issued the original order. After filing, both parties exchange financial documentation and may attend mediation or hearings before a judge decides whether a modification is warranted.

Because Texas courts closely scrutinize these cases, experienced legal representation is essential to present credible evidence and financial records supporting your position.

Protecting Your Financial Future

Whether your income has changed or you need to ensure continued support, the attorneys at Webb Family Law provide skilled, compassionate representation for clients seeking to modify child or spousal support orders in the DFW area.

📞 Contact Webb Family Law today to schedule a confidential consultation and ensure your financial arrangements reflect your current reality.