What If the Paying Parent Gets a Raise? How to Modify Child Support in Texas

One of the most common questions I get as a family law attorney in Midlothian is: “If my ex gets a raise, can I ask the court to increase child support?”

The short answer is yes — but it’s not automatic. In Texas, child support can only be changed through a court process. If one parent’s income goes up significantly, that change may justify a modification of child support. Understanding how this process works can help you make informed decisions and avoid mistakes that could cost you time and money.

When Child Support Can Be Modified in Texas

Under Texas Family Code Chapter 156, either parent can ask the court to modify child support if there has been a “material and substantial change” in circumstances since the last order.

A substantial raise in income is one of the most common reasons people request a modification. Only a judge can modify child support — parents cannot do it informally through private agreement.

That means even if both parents agree the paying parent should pay more (or less), it won’t be enforceable unless the change is approved by the court.

Legal Standards: Material Change or Three-Year Review

Texas law provides two ways to qualify for a child support modification:

1. Material and substantial change in circumstances.
   This can include a lasting increase or decrease in a parent’s income, changes in the child’s medical or educational needs, or other major life shifts. 
2. Three-year review rule.
   Even if there’s no major change in circumstances, you may request a modification if it’s been at least three years since the last order and the new calculation under Texas child support guidelines differs by 20% or $100 per month. 

What Kind of Raise Qualifies for a Modification

Not every raise will trigger a change in support. The increase must be meaningful and permanent — not just a temporary bonus or short-term overtime. Courts typically look for:

• A sustained raise that clearly increases the parent’s net monthly income 
• Reliable proof such as pay stubs, employer letters, or tax returns 
• A significant enough change to alter the child support calculation 

If the change in income is small, the court may decide it’s not worth adjusting the order.

Steps to Modify Child Support After a Raise

Here’s how I guide my clients through this process:

1. Collect proof of the raise.
   Gather recent pay stubs, tax records, or other documents showing the new income level. 
2. Recalculate child support.
   Use the Texas Child Support Calculator from the Texas State Law Library to estimate what the new guideline amount would be. 
3. Determine eligibility.
   Check whether the order qualifies under the three-year rule or if you’ll need to show a material and substantial change. 
4. File a petition to modify child support.
   File the petition in the same court that issued your current order. 
5. Serve the other parent and attend the hearing.
   The other parent must be formally notified. At the hearing, the judge will review your documentation and decide if a change is warranted. 
6. Follow the new court order.
   Once the judge signs the new order, the updated support amount becomes legally enforceable. 

The Attorney General’s Office Can Also Review Your Case

If your child support is managed through the Texas Office of the Attorney General (OAG), you can request a review for modification through their administrative process. The OAG will verify income changes, apply the guideline formula, and determine whether a modification is justified.

Common Pitfalls to Avoid

• Relying on informal agreements.
  Even if both parents agree to a new amount, it’s not enforceable until approved by the court. 
• Waiting too long to act.
  Courts rarely make changes retroactive, so the sooner you file, the better. 
• Failing to document the raise.
  Without clear proof of income, the court can’t adjust support. 
• Assuming every raise leads to a higher payment.
  The court may decline to modify support if the change is small or temporary. 

Example Scenario

Let’s say your ex-spouse was earning $60,000 per year and paying $800 per month in child support. They recently got promoted and now earn $90,000 per year.

This change represents a substantial and permanent increase in income. If you file for modification, the court may recalculate support using the new income and adjust the order accordingly — possibly to $1,100 per month, depending on the child support guidelines.

Why Legal Guidance Matters

Child support modification cases can get complicated, especially when income fluctuates, or one parent disputes the change. At Lundberg Law, I work closely with clients to build solid documentation, calculate accurate support figures, and present a strong case for a fair modification.

I’ve seen many parents wait too long or try to handle these matters on their own, only to discover the court won’t recognize informal agreements. Having an experienced attorney ensures the modification is done right — and that your child’s best interests are protected.

Here to Help

When a paying parent gets a raise, it’s often a good time to revisit your child support order. Texas law gives you options, but the process requires clear evidence and proper legal filing.

If you’re in Midlothian, Ellis County, or anywhere in the DFW area and want help determining whether a raise justifies a modification, click here to schedule a free consultation or call 972-775-3500 now. I’ll personally review your situation, explain your options, and help you take the right next step.