Changing a Child Support Order in Texas

Life in New Braunfels rarely stands still. Parents change jobs, start businesses, take on longer commutes up I-35, remarry, have more children, or face layoffs and health problems. Children grow, and their costs grow with them. Texas law lets a court change a child support order when circumstances shift, but only through a formal process with specific standards. If you are paying or receiving support under a Comal County order, here is what a modification involves and how to approach it.

Two Ways to Qualify for a Modification

Texas Family Code § 156.401 gives two separate paths to change child support.

Path 1: Material and Substantial Change

A court may change support at any time if the circumstances of the child or a person affected by the order have materially and substantially changed since the order was signed, or since the parties signed a mediated or collaborative settlement that led to the order. There is no fixed formula for what counts. Common examples include:

• A significant drop or increase in the paying parent’s income
• A change in which parent the child lives with most of the time
• New health care needs or a major change in insurance costs
• The paying parent becoming legally responsible for additional children
• A disability affecting the child or a parent

The change has to be real and lasting, not a brief dip. A month without overtime will rarely qualify. Losing a long-term job usually will.

Path 2: The Three-Year Review

Alternatively, if it has been at least three years since the order was signed or last modified, a parent can request a change if the support amount under the current guidelines differs from the existing order by either 20% or $100. This path does not require proof of a material change. It recognizes that incomes drift and the guideline cap gets updated.

For orders that departed from the guidelines by agreement, the three-year path may not apply in the same way. Courts look at why the original order deviated.

What a Modification Can and Cannot Do

A modification changes support going forward. Three limits are especially important.

1. No automatic changes. Until a judge signs a new order, the old amount stays in effect.
2. Limited retroactivity. A new amount can generally reach back no further than the date the other parent was served with the modification case or made an appearance. Waiting months to file can cost a paying parent money that cannot be recovered later.
3. No erasing past-due support. A court cannot forgive or reduce arrears that have already accrued. See our page on enforcement and arrears.

Where to File in Comal County and Nearby

A modification is usually filed in the court that made the original order, which keeps continuing authority over the child. If your order came from Comal County, that is generally where the case goes, even if one parent now lives in San Marcos or Boerne. When the child has lived in a different Texas county for a significant period, a party may be able to ask that the case be transferred to the child’s current county.

Keep in mind that part of New Braunfels lies in Guadalupe County. If your original case was filed in Seguin, it likely stays there. If you are not sure which court has your case, the cause number on your current order identifies it, and the district clerk can help you find the file.

Steps Before You File

A little preparation makes the process smoother and helps you avoid filing a case that does not meet the legal test.

1. Read your current order. Find the support amount, the date it was signed, and the medical support terms.
2. Run updated numbers. Use our child support calculator with current income to see whether the guideline amount has changed enough to matter.
3. Gather proof of the change. This might include termination letters, new pay stubs, tax returns, medical records or proof of a new child’s birth.
4. Consider the other parent’s likely response. If you ask for an increase, the other parent may raise their own issues. If you ask for a decrease, expect questions about whether you are earning what you could.
5. Try to agree. Many modifications are resolved by agreement or mediation, then approved by the court. Our mediation preparation guide can help.

Common Situations We See

Job Loss or Pay Cut

If your income drops through no fault of your own, file promptly. Courts will look at whether you are actively seeking comparable work. If you voluntarily took a lower-paying job, the court may still base support on what you could earn.

Higher Income for the Paying Parent

A receiving parent may seek an increase when the paying parent’s income rises significantly, through a promotion, a new job in San Antonio or Austin, or a growing business. Discovery can uncover current income if the other parent will not share it voluntarily.

Child Moves to the Other Parent’s Home

When a child changes homes, support often needs to reverse direction. That usually happens alongside a custody modification. Until the court changes the order, the original support obligation continues, even if the child has moved. File as soon as the move happens.

Incarceration

A parent who is incarcerated still owes support until the order is changed. Incarceration may be grounds to seek a reduction, and the Attorney General’s office has procedures that apply in some of these cases. Acting early limits the debt that builds up.

How Long a Modification Takes

An agreed modification can sometimes be finalized in a few weeks once paperwork is complete. A contested modification can take several months, depending on discovery, mediation and the court’s schedule. If you need relief while the case is pending, temporary orders may be possible.

Talk With a Comal County Child Support Attorney

Whether you need support lowered after a setback or raised to keep up with your child’s needs, timing matters. Our family law attorneys help parents in New Braunfels, Comal County and the surrounding counties evaluate whether a modification makes sense and handle the case from filing through final order. Call (830) 302-4071 for a free consultation by phone, video or in person. Hablamos español.

Last reviewed November 13, 2026. General information only, not legal advice.