Ryan stared at the Court Order on his kitchen table.
It was two years old, stamped and signed. It spelled out everything: visitation, drop-off times, child support, health insurance. And it no longer made sense.
Ryan had just been laid off from his job in Fort Worth. His son had started struggling in school, and his ex had picked up a night shift, which meant their original parenting schedule—crafted back when everything seemed stable—was now a mess.
He asked the question we hear every week:
“Can I change this thing?”
The Short Answer: Yes, But You Need a Reason
Changing (“Modifying”) a Court Order
In Texas, you can modify a prior Court Order as to the following general subjects: Conservatorship (decision-making rights), Possession and Access (your schedule with the child), and Child Support / Health Insurance.
The law for modifications is found in Texas Family Code Chapter 156.
But you cannot change an Order just because you do not like it anymore. Generally, you must show facts that prove:
A material and substantial change in circumstances since the last Order, or
That the child is 12 or older and has expressed a preference to live with the other parent (for custody changes), or
That the current schedule is unworkable or not in the child’s best interest, or
That the parameters of the income, health insurance or birth of other children should change the child support amount Ordered.
What Counts as a “Material and Substantial Change”?
Courts across Texas, including in Tarrant County, have interpreted this phrase broadly—but not carelessly.
Examples that may qualify:
- One parent relocates
- A job loss or major income change
- A parent remarries or changes work schedules
- A child develops new medical, emotional, or educational needs
- A parent becomes unstable or involved in criminal conduct
- A significant conflict arises around the child’s activities or schooling
Ryan’s case? He had two. A job loss and a schedule conflict due to his ex’s new work hours.
Step 1: Filing a Modification Petition
We helped Ryan file a Suit to Modify the Parent-Child Relationship, a formal pleading served on the other parent. He asked the court to:
Temporarily reduce child support
Shift his weekday overnight to a different day that better matched both parents’ new schedules
Give him extra time in summer to make up for lost weekends
In Tarrant County, this meant filing in the same Court that issued the original Order—usually the 231st, 233rd, 322nd, 324th, 325th, 360th District Courts, all of which handle family cases.
Step 2: Temporary Orders (If Needed)
If the situation is urgent—such as job loss or safety concerns—you can request Temporary Orders. These give the Court power to make short-term changes while the case is pending.
For Ryan, we obtained a temporary reduction in his support obligation while his unemployment benefits were pending.
Step 3: Mediation and Settlement Efforts
Most Texas Courts, including all in Tarrant County, require mediation before a final hearing (unless there is family violence). In mediation, both sides can work out a new schedule and support agreement with the help of a neutral mediator.
Ryan’s ex was resistant at first. She worried about losing time and money. But after seeing the proposed schedules, reviewing notes from their child’s school counselor, and understanding the job loss was temporary, she agreed to a modified plan.
We turned that into an Agreed Order—saving both parties the cost and stress of a trial.
Modifying Child Support: The 3-Year Rule
Under Texas Family Code § 156.401, a parent can ask for a child support change if:
It has been at least 3 years since the last order, and
The new calculation (based on current income) would differ by $100 or 20% or more
Ryan was just shy of the 3-year mark, so we had to rely on the alternative ground: material and substantial change in circumstances (his job loss).
Remember: if you are the one seeking the change, you bear the burden of proof. That means you must provide pay stubs, tax returns, benefit letters—something solid.
What If the Other Parent Refuses to Cooperate?
If the other parent will not agree, the Court decides. That means a final hearing, witnesses, and evidence. And yes—Judges in Tarrant County will modify Orders if the evidence supports it.
You do not need permission from the other parent to file. You only need legal grounds.
What If the Child Wants the Change?
If your child is at least 12 years old, you can request that the Judge interview the child in chambers (privately in the Judge’s office). This is common in conservatorship modifications.
But be careful: the child’s opinion is a factor, but not the final decision. Judges look at maturity, motivation, and overall best interest.
Do not coach your child. Do not put them in the middle.
What Not to Do
- Do not stop paying child support unless the Court Orders it. If you cannot make the full payment, make some payment!
- Do not withhold visitation in retaliation
- Do not make side agreements without a Judge’s approval—those are generally unenforceable
- Do not assume you are “locked in forever”—the law allows for changes if justified
Ryan’s Outcome
After three months, mediation, and updated financials, the Court approved:
A new possession schedule that gave Ryan mid-week time and full alternating weekends
A temporary support reduction, with a review scheduled after he returned to work
Extra parenting time during the summer to restore balance
Most importantly, his son was more stable, better rested for school, and spending quality time with both parents.
Checklist: Should I File a Modification?
Ask yourself:
- Has one of us changed jobs, income, or living location?
- Has the child’s school, health, or emotional state changed?
- Is the schedule no longer working?
- Am I following a Court Order that no longer fits our lives?
- Has it been 3+ years since the last support Order?
If you answered yes to any of these—talk to us and schedule a free consultation.
Final Word: You Are Not Stuck
Family Law Orders are meant to grow and change with your life.
Whether you are a father who lost his job, a mother working new hours, or a co-parent watching your child struggle under an outdated schedule—you can ask for a change.
But do it with strategy. Do it with evidence. And do it with help.
At Anderson Legal Group, we handle custody, child support, and possession modifications across Tarrant County and North Texas. Let us help you write the next chapter—on your terms.