Support orders reflect circumstances at the time they were issued, but life rarely stays the same. Job loss, income changes, increased parenting time, new children, or medical conditions often justify modifying support amounts.
Material and Substantial Change Standard
Texas Family Code Section 156.401 allows modification when circumstances have materially and substantially changed since the order was rendered or last modified. Courts presume modification is warranted if applying the current guidelines to current circumstances would result in a change of monthly support by $100 or 20%, whichever is greater.
If your income has dropped significantly and recalculating support produces amounts varying by the threshold, modification is appropriate. However, you must file a petition, serve the other parent, and obtain a court order—support amounts never change automatically.
Job Loss and Income Reduction
Involuntary job loss is a classic material and substantial change that justifies modification. Dallas’s economy, which is centered on telecommunications, defense, financial services, and technology, provides stable employment for many residents but also experiences periodic layoffs.
A parent who loses their job should immediately document the loss with a termination letter, apply for unemployment benefits, and begin a documented job search. They should also file a modification petition promptly to avoid the accumulation of arrears at the original support amount.
Our attorneys help Dallas parents present compelling evidence of involuntary unemployment and genuine job search efforts. Courts scrutinize voluntary income reductions closely. If you quit a high-paying job to pursue a less lucrative career when equivalent employment is available, the court may impute income—assign income based on earning capacity rather than actual earnings.
Increased Parenting Time
Parents who substantially increase possession time may seek modification by demonstrating a material and substantial change of circumstances under Texas Family Code Section 156.401, but modifications are discretionary and fact-specific. The court will evaluate whether the increased possession creates a situation where applying the guideline amount would be unjust or inappropriate.
Increased possession can support a reduction in child support, but reductions are not automatic and may be partial. Reductions depend on expense sharing and income disparity. Dallas courts rarely eliminate support entirely, even with 50-50 possession if a significant income disparity exists.
Medical Conditions and Additional Children
Medical conditions or disabilities that prevent work or reduce earning capacity provide strong grounds for modification. A parent who receives Social Security disability benefits (SSDI) typically has significantly reduced income, justifying a substantial support reduction. SSDI counts toward net resources. Supplemental Security Income (SSI), which is means-tested, does not.
Having additional children through remarriage or a new relationship creates competing obligations. Having additional children is a factor the court may consider, but it does not entitle a parent to an automatic reduction of existing support. Our attorneys present evidence of your overall financial circumstances and ability to meet all support obligations.
