[TX] How do I refile or modify child support, and can I handle it myself without hiring attorney?

Lexi, Chatbot

I understand navigating child support and custody agreements can be challenging. Have there been any significant changes in your circumstances or your child’s needs since the original agreement?

Lexi, Chatbot

Are you currently in contact with the other parent regarding the child support situation?

Angelo M

Thank you for your patience — I’m happy to walk you through this.

You do not need to rehire your original attorney in order to request a child support modification. Many parents file modification requests on their own, particularly when the request is based on straightforward financial changes.

In Texas, child support modifications are governed by Texas Family Code § 156.401. A court may modify an existing child support order if:

1. It has been at least three years since the order was rendered or last modified and the new monthly support amount would differ by either 20% or $100, or
2. There has been a material and substantial change in circumstances of the child or a parent since the prior order.

A material and substantial change can include:

• A significant increase or decrease in either parent’s income
• Increased expenses related to the child (education, medical needs, childcare)
• Changes in health insurance costs
• Changes in custody or parenting time

Cost-of-living increases alone do not automatically justify modification, but if the obligor’s income has increased or the child’s needs have significantly changed, that can support a request.

How to File

You have two main options:

• File a Petition to Modify the Parent-Child Relationship in the court that issued the original order (see Texas Family Code Chapter 156).
• Request a review through the Texas Office of the Attorney General (Child Support Division), which can initiate modification proceedings if appropriate.

If you file directly with the court, you will need to:

• File the petition
• Serve the other parent
• Exchange financial information
• Attend mediation or a hearing if required

You would typically want an attorney if:

• The other parent is self-employed or has complicated income
• Income is being underreported
• There is anticipated litigation or hostility
• Retroactive support or enforcement issues are involved

Otherwise, many standard guideline-based modifications can be handled without hiring private counsel.

The key question now is whether the updated guideline calculation would differ enough to meet the statutory threshold under § 156.401. If you would like, I can walk you through how Texas guideline child support is calculated so you can estimate whether you meet the 20%/$100 rule before filing.

Angelo M

Yes — this can be done online or in person in Texas.

Because both of you now live in Houston, you can file in Harris County, as long as neither of you still lives in Collin County (McKinney).

You have two options:

Option 1 – Through the Texas Office of the Attorney General (OAG):
You can apply online for a review and modification. The OAG handles service, gathers financial documents, and sets hearings. This is usually slower but less expensive.

Option 2 – File directly with the Harris County court:
You would file a Petition to Modify the Parent-Child Relationship. This gives you more control but requires you to handle filings and deadlines carefully.

Regarding income — yes, he will be required to provide proof of income.

Texas courts require disclosure of:

• Current income
• Past income
• Tax returns
• Pay stubs
• Bank statements
• Unemployment benefits (if any)
• Employment history

If he claims to be unemployed but maintains a lifestyle that suggests otherwise, the court can impute income to him. That means the judge can calculate support based on what he should be earning, not what he claims to earn.

Texas courts do not allow a parent to avoid child support by choosing not to work or by underreporting income.

Angelo M

I hope that helps clarify your options. Let me know if you want help understanding what documents you would need to gather before filing.