Modifying Child Support After Job Loss, Disability or Incarceration in Texas

By the FigureMyTax Editorial Team · How we calculate

Texas child support does not drop on its own after a job loss. Incarceration over 180 days is a material and substantial change, and so is release if the obligation was abated; file and serve promptly.

Can you lower child support after a job loss in Texas?

Yes, by suit to modify, if the loss is a material and substantial change (Tex. Fam. Code 156.401(a)). Serve promptly: only obligations accruing after service or appearance can change (156.401(b)).

What happens to Texas support if I am incarcerated?

Incarceration of a child support obligor in a local, state or federal jail or prison for more than 180 days is a material and substantial change of circumstances (156.401(c-1)). The order does not change on its own, so file, or use the state’s administrative adjustment during incarceration if it enforces your case; the statute names sections 231.1015 to 231.1017 for that process.

What happens after release in Texas?

Release from incarceration is a material and substantial change if the obligation was abated, reduced or suspended during the incarceration (156.401(d)), so either parent can ask the court to set a new amount.

Can I defend a contempt case if I truly cannot pay?

Yes, in a contempt case you can plead as an affirmative defense that you lacked the ability to provide support in the ordered amount, lacked property that could be sold or pledged, tried unsuccessfully to borrow the funds and knew of no source from which they could be borrowed or legally obtained (157.008(c)). It does not erase the arrears.

Does a new spouse’s income affect my request?

The court cannot add a new spouse’s net resources to yours or subtract a new spouse’s needs (156.404). Your own income and the guidelines drive the number.

Is there a Texas defense if the child lived with me?

Yes. You may plead that the obligee voluntarily relinquished actual possession and control of the child to you for longer than the court-ordered periods and that you supplied actual support, and you may seek reimbursement as a counterclaim or offset (157.008(a), (b), (d)).

Do I get credit for what I paid while the other parent was incarcerated?

The sections we read give no automatic credit; payments you made while the child lived with you may support an offset or reimbursement counterclaim (157.008(d)). Keep receipts.

Can I ask for relief if my child lives with a grandparent?

The court can let the person who has had physical possession for at least six months receive support if the primary-residence conservator voluntarily relinquished the child or was incarcerated for at least 90 days (156.409).

Does a lower income change the health insurance order?

Not by itself, but a state-enforced order can be modified at any time to add medical or dental support if the order lacks coverage (156.401(a-2)). Bring premium costs.

What proof helps?

What should you do first?

1. File the suit to modify and serve it now.
2. Keep paying what you can: interest runs at 6% on delinquent support above one month’s amount (see how Texas interest works).
3. Check your numbers in the Texas child support modification calculator.

Frequently asked questions

Official sources

• Tex. Fam. Code 156.401: grounds for modification
• Tex. Fam. Code 156.402: effect of guidelines
• Tex. Fam. Code 157.263: confirmation of arrearages
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited Texas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Texas attorney.