Texas runs on its own playbook. This page covers the essentials — the two qualifying tracks, the OAG process, what filing actually involves, and the line where this overview hands off to the full state chapter in Navigating Child Support.
Texas at a Glance
| Calculation Model | Percentage of obligor’s net resources only |
| Guideline Percentages | 1 child 20% • 2 = 25% • 3 = 30% • 4 = 35% • 5+ = 40% |
| Net Resources Cap | $9,200/month |
| Key Statute | T.F.C. § 156.401 (modification) |
| Modification Tracks | (1) Material & substantial change, OR (2) 3 years + the calculation differs from the order by 20% OR $100/month (either alone qualifies) |
| Agency | Texas OAG Child Support Division — (800) 252-8014 |
| Filing Court | District Court in the county of the original order |
| Retroactivity | To the filing date |
| Interest on Arrears | 6% per year |
| License Suspension | 3 months past due or $2,500 in arrears |
| Criminal Penalty | State jail felony — Tex. Penal Code § 25.05 |
Can You Modify Child Support in Texas?
Texas Family Code § 156.401 gives parents two independent paths. Meeting either one is enough.
Track 1 — Material and Substantial Change. A significant change since the last order — job loss, income drop, disability, a change in health insurance, a change in the child’s needs. No waiting period. You can file the day after the change.
Track 2 — Three Years + 20% or $100. If three years have passed since the last order, and a current-guidelines calculation differs from your existing order by 20 percent OR $100 per month, the threshold is met. Either threshold alone qualifies — you do not need to clear both. No proof of changed circumstances required. Just time plus arithmetic.
The three-year track is the most underused modification tool in Texas. If your last order is more than three years old and your income has shifted at all, run the calculation.
How the Calculation Works
Texas does not use both parents’ incomes. Only the obligor’s net resources matter.
Net resources = gross income − federal income tax (single filer, one exemption per supported child) − FICA − health/dental insurance premiums paid for the child − union dues.
Texas has no state income tax, so that line is zero. Apply the percentage for your number of children. The percentage applies only up to a cap of $9,200/month net resources. Above the cap, the court has discretion to add support based on the child’s proven needs under T.F.C. § 154.126.
Worked example. Marcos earns $5,400/month gross. Federal income tax ≈ $560. FICA ≈ $413. Child health insurance $180. Net resources: $4,247. One-child guideline: 20% = $849/month.
The full book chapter walks a self-employment scenario, covers the multiple-household credit under T.F.C. § 154.129, and shows how variable income (oil-and-gas, commissions, bonuses) is treated. Read the full Texas calculation walkthrough in the book →
Filing in Texas — Six Steps in Plain Order
- Call OAG at (800) 252-8014. Confirm IV-D status, when the last order was entered, and whether OAG can run an administrative review.
- Calculate current net resources and compare to your existing order.
- Complete the Financial Information Statement. Form available from the OAG website or your district court clerk.
- File the Petition to Modify in the district court that entered the original order. Filing fee varies by county; an affidavit of inability to pay is available.
- Serve the other parent under the Texas Rules of Civil Procedure — personal service, certified mail, or a signed waiver.
- Attend mediation or the hearing. Many Texas counties require mediation first. Bring pay stubs, tax returns, and any documentation of the change.
Retroactivity runs to the filing date — not the date of the underlying change. Delay is expensive.
The book breaks this into seven steps with sub-bullets, county variation notes, and what to bring to each. See the full filing walkthrough →
Where Texas Modifications Go Wrong
The most common reasons a Texas modification fails:
- No qualifying change. A temporary income dip that has already reversed, a voluntary income reduction, or a change that happened before the last order.
- Three-year clock not yet reached. Track 2 is unavailable if the math is there but the calendar isn’t.
- Net resources errors. Missing income sources, conflicting Schedule C and tax return figures, or a Financial Information Statement that doesn’t tie to documented earnings.
- Self-employment scrutiny. Texas courts add back depreciation, personal expenses run through the business, and questionable deductions. Bring multiple years of returns.
- Filing delay. Every day between the qualifying event and the filing date is a day the old obligation keeps running.
Common Texas Questions
Does Texas use both parents’ incomes?
No. Texas uses only the obligor’s net resources. The custodial parent’s income is not part of the formula.
What is the income cap?
$9,200/month in net resources. For one child, 20% × $9,200 = $1,840/month maximum guideline obligation. Anything above requires proof of the child’s specific needs.
Can I lose my license for unpaid Texas child support?
Yes — driver, professional, and recreational licenses are suspended at three months past due or $2,500 in arrears under T.F.C. § 232.003. OAG sends a notice with a 20-day response window.
Can I go to jail?
Yes, in serious cases. Tex. Penal Code § 25.05 makes intentional nonsupport a state jail felony — up to two years. Civil contempt through OAG can also result in incarceration.
Does 50/50 custody reduce Texas child support?
Not automatically. Texas does not use a continuous parenting credit. At true 50/50 possession, courts have discretion to deviate from guideline — but it requires a specific finding that equal possession is in the child’s best interest.
Can I file without a lawyer?
Yes. Texas allows pro se filing. The OAG website and texaslawhelp.org publish the forms and procedural guides. Self-representation is most practical for uncontested cases and the mechanical three-year track. Contested hearings, self-employment income, and OAG enforcement matters typically warrant counsel.
What’s in the Full Texas Chapter
The Texas chapter in Navigating Child Support runs considerably longer than this overview. It includes:
- The full State at a Glance profile card — every statute, threshold, deadline, and contact in one place.
- Two worked calculation examples — a W-2 employee at moderate income and a self-employed obligor near the $9,200 cap.
- Nine emergency protocols — income drop, license suspension, three-year mechanical test, criminal nonsupport charge, new child in another household, dropping below the cap, OAG enforcement, military deployment under SCRA, and interstate moves under UIFSA.
- County-level variation notes for filing fees, mediation requirements, and self-help resources.
- A curated Texas resource directory — OAG, Texas Law Help, three regional legal aid organizations, and the State Bar referral line.
The book covers all 50 states in the same format, plus chapters on military service and interstate/international support.
Get the book — $49 → • Take the free Modification Readiness Audit →
Texas Resources
- OAG Child Support Division: (800) 252-8014 — texasattorneygeneral.gov/child-support
- Texas Law Help: texaslawhelp.org — free statewide self-help forms and guides
- State Bar of Texas Lawyer Referral: (800) 252-9690 — texasbar.com
- Lone Star Legal Aid: (800) 733-8394 — East and South Texas
- Texas RioGrande Legal Aid: (888) 988-9996 — South and Southwest Texas
- Legal Aid of NorthWest Texas: (888) 529-5277 — North and West Texas
A Note on Special Situations
Military parents have rights under the Servicemembers Civil Relief Act (SCRA) that can pause modification and enforcement proceedings during active duty. Texas treats basic pay, BAH, BAS, and special pays as income for net resources. Full coverage in the book chapter and in Chapter 51 — Military Service and Child Support.
Interstate parents are governed by the Uniform Interstate Family Support Act (UIFSA). Texas retains continuing exclusive jurisdiction as long as either parent or the child still lives in Texas. See Chapter 52 — Interstate & International Child Support in the book.
High-income parents above the $9,200 cap face a different modification calculus — needs-based evidence under T.F.C. § 154.126, with court discretion in both directions.
This is a reference resource, not legal advice. Nothing here creates an attorney-client relationship. Texas child support law is set by the Texas Family Code, Rules of Civil Procedure, and case law applied to specific facts. Parents in active proceedings, parents facing enforcement actions, and parents with self-employment income, interstate orders, military service, or above-cap situations are encouraged to consult a licensed Texas family law attorney before filing. The Texas OAG Child Support Division at (800) 252-8014 is a legitimate first contact for IV-D-enrolled cases.