When Can You Change an Alimony or Child Support Order?

 Posted on April 29, 2025 in Child Custody

Life is unpredictable. Jobs are lost, new children are born, and financial needs can shift dramatically after a divorce is finalized. In Texas, spousal support (commonly referred to as alimony) and child support orders are not necessarily permanent. Under certain circumstances, you may ask the court to modify these orders — but only if you can show a significant change in circumstances. At The Law Offices of Kary L. Key, our Palo Pinto, TX family lawyer has helped many families successfully modify divorce orders and our firm is prepared to help you, too. 

What Counts as a Significant Change in Child Support Payments?

Texas law allows for a change in alimony or child support when a "material and substantial change in circumstances" has occurred since the original order was entered. The parent or spouse requesting the modification must be able to show that the change directly affects the need for support or the ability to pay it.

Common reasons for modification include:

• A substantial increase or decrease in either parent’s income

• Loss of a job or long-term disability

• One parent receiving a significant inheritance or other financial windfall

• A change in the child’s medical, educational, or everyday needs

• One parent becoming the primary caregiver or spending significantly more time with the child

• Remarriage or cohabitation of the spouse receiving alimony

A simple disagreement over the original terms is not enough. The court must see clear evidence that circumstances have changed in a meaningful way.

How Do You Request a Modification of Alimony Payments?

To change an existing alimony or child support order, you must file a formal petition with the court that issued the original order. The court will review the evidence and decide whether the modification is appropriate. In some cases, a hearing may be necessary. It is not enough for both parties to agree on new terms — a judge must approve any modification for it to be legally binding.

If you fail to pay support based on an old order while waiting for a change to be approved, you can still be held in contempt. Always continue to follow the existing order until a new one is entered.

What If the Other Parent or Spouse Disagrees with a Request to Change Alimony or Child Support?

If the other party argues with your request to modify support, the court will carefully consider the facts from both sides. Each party has the opportunity to present financial records, witness testimony, and any other documentation that supports their case. Having a knowledgeable family lawyer can help you prepare a persuasive argument and avoid costly mistakes.

Contact a Parker County, TX Family Law Attorney

Whether you need to increase, decrease, or end an existing support order, our Palo Pinto, TX child support and alimony lawyer is here to help you understand your options. Before taking any actions on your own, get solid legal advice by calling The Law Offices of Kary L. Key at 817-599-6969.