Either parent may file a petition or motion to modify a child support order—upward or downward—but usually only when there is a substantial change in the child’s needs, or in one or both of the parents’ incomes or net resources, that justifies the court revisiting and possibly modifying the earlier child support order.
The petition or motion to modify child support generally must be filed in the same court that issued the original or most recent child support order. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition or motion to modify a child support order.
In Texas, either parent has the right to request a modification of a child support order if there has been a material and substantial change in circumstances since the last order was established or modified. This could include significant changes in the child's needs or in the financial situation of either parent, such as a change in income or employment. To modify child support, the parent must file a petition or motion with the court that originally issued the child support order. However, if the child has moved and now resides in a different county or state, the modification request may need to be filed in the court that has jurisdiction over the child's current residence. It's important to note that modifications are not automatic; the requesting parent must demonstrate the change in circumstances, and the court will decide whether a modification is warranted based on the best interests of the child. An attorney can provide guidance on the process and help ensure that the petition is filed in the appropriate jurisdiction.
