Tex. Fam. Code § 156.401 · Subchapter E. MODIFICATION OF CHILD SUPPORT
GROUNDS FOR MODIFICATION OF CHILD SUPPORT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (a-1), (a-2), or (b), the court may modify an order that provides for the support of a child, including an order for health care coverage under Section 154.182 or an order for dental care coverage under Section 154.1825, if:
(1) the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of:
(A) the date of the order's rendition; or
(B) the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or
(2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.
(a-1) If the parties agree to an order under which the amount of child support differs from the amount that would be awarded in accordance with the child support guidelines, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order's rendition.
(a-2) A court or administrative order for child support in a Title IV-D case may be modified at any time, and without a showing of material and substantial change in the circumstances of the child or a person affected by the order, to provide for medical support or dental support of the child if the order does not provide health care coverage as required under Section 154.182 or dental care coverage as required under Section 154.1825.
(b) Except as provided by Sections 231.1015, 231.1016, and 231.1017, a support order may be modified with regard to the amount of support ordered only as to obligations accruing after the earlier of:
(1) the date of service of citation; or
(2) an appearance in the suit to modify.
(c) An order of joint conservatorship, in and of itself, does not constitute grounds for modifying a support order.
(c-1) Incarceration of a child support obligor in a local, state, or federal jail or prison for a period exceeding 180 days is a material and substantial change of circumstances for the purposes of this section.
(d) Release of a child support obligor from incarceration is a material and substantial change in circumstances for purposes of this section if the obligor's child support obligation was abated, reduced, or suspended during the period of the obligor's incarceration.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 43, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1036, Sec. 21, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 19, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 363 (S.B. 303), Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 15, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 3, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 29, eff. September 1, 2018.
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 6, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 4, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm
- Text hash
- sha256 c799356bd75507e0f687e2f11b32a9428efac0633d25906be551ae73a5389a40
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
- Tex. Fam. Code § 154.182HEALTH CARE COVERAGE FOR CHILD.Printed as Section 154.182
- Tex. Fam. Code § 154.1825DENTAL CARE COVERAGE FOR CHILD.Printed as Section 154.1825
- Tex. Fam. Code § 231.1015ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS DURING OBLIGOR'S INCARCERATION.Printed as Sections 231.1015, 231.1016, and 231.1017
- Tex. Fam. Code § 231.1016REVIEW OF ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS.Printed as Sections 231.1015, 231.1016, and 231.1017
- Tex. Fam. Code § 231.1017MODIFICATION OF SUPPORT OBLIGATION AFTER OBLIGOR'S RELEASE FROM INCARCERATION.Printed as Sections 231.1015, 231.1016, and 231.1017
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.