How to Change a Child Support Order in El Paso, Texas

Texas allows a court to change child support or medical support in two situations. Either parent can ask: the parent who pays can ask for a lower amount, and the parent who receives support can ask for a higher one.

Texas law does not define the phrase, so the court decides based on the facts of each case. A change will probably meet the standard if at least one of these has happened:

The Texas Attorney General says there are only two ways a child support order can be changed: the Child Support Review Process, which is an in-office negotiation through the Attorney General, or a court hearing. If you have an open child support case with the Attorney General, you can ask it for a review. Either parent can also file a modification case, usually in the same court that issued the current order.

Informal agreements between parents do not change the court-ordered amount; only a court hearing or the Child Support Review Process can. The current order stays in effect until a new order replaces it.

A review can raise the amount as well as lower it. Modifications are based on the paying parent's current income, so a parent who earns more now than when the order was set or last modified may be ordered to pay more.

Yes, if your case meets its criteria. The El Paso County Domestic Relations Office modifies child support orders through its Friend of the Court program. When it accepts a case, it represents only the interests of the court that issued the order, not either parent, and each parent has the right to hire an attorney for any court action the office takes.

The application is available at the office, 500 E. San Antonio Ave., LL-108, El Paso, TX 79901, and on its website, linked below. The office accepts a modification case only when all of these are true:

A new amount is figured under the Texas child support guidelines, which look at the paying parent's net monthly resources, the number of children in the order, and the number of other children that parent must support. Base support is typically 20 percent of net resources for one child, with the percentage increasing for additional children, subject to a statutory cap.

Health insurance, dental, and uninsured medical costs are addressed separately. Child support generally continues until the child turns 18 or graduates from high school, whichever happens later.

Changing the amount and collecting what is owed are different requests. When the other parent is not paying what the current order requires, the step is an enforcement action, not a modification.

Court orders in family law matters are legally binding. Lovett Law Family takes swift action to enforce child support orders when the other party fails to comply.

A change in where the child lives often affects custody and visitation as well as support. Lovett Law Family helps modify custody, support, and visitation orders to reflect new realities; common reasons include relocation, changes in the child's needs, and health issues affecting a parent. Texas calls custody conservatorship and visitation possession and access. For how custody works in El Paso, see the child custody page linked below.

Nora M. Artalejo Lovett has over 21 years of experience in family law and helps El Paso parents with child support calculation, enforcement, and modification. Her team is fully bilingual, so you can call, email, or use the contact form in English or Spanish, and your consultation will be conducted in the language you are most comfortable speaking.

The office is at 801 E. Rio Grande Ave., El Paso, TX 79902, open Monday to Friday, 8:00 AM to 5:00 PM. Call (915) 356-2222 to schedule a consultation. The firm also represents clients throughout Texas and assists clients with cross-border ties to New Mexico and service members stationed at Fort Bliss.