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Texas Family Code - Section 156.401. Grounds For Modification Of Child Support

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 156.401. Grounds For Modification Of Child Support

§ 156.401. GROUNDS FOR MODIFICATION OF CHILD 
SUPPORT.  (a) Except as provided by Subsection (a-1) or (b), the 
court may modify an order that provides for the support of a child 
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.
	(b)  A support order may be modified 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.
	(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.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 911, § 16, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 43, § 1, eff. Sept. 1, 1999;  
Acts 2003, 78th Leg., ch. 1036, § 21, eff. Sept. 1, 2003;  Acts 
2005, 79th Leg., ch. 916, § 19, eff. June 18, 2005.

Last modified: August 10, 2007