PETITION TO MODIFY CHILD SUPPORT ORDER
(Texas Family Code §§ 154.001 et seq.; 156.001 et seq.)
[// GUIDANCE: This template is designed for use in any Texas district or statutory county court exercising jurisdiction over suits affecting the parent-child relationship (“SAPCR”). Customize all bracketed terms and verify local-rule requirements before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction & Venue
- Factual Allegations
- Grounds for Modification
- Requested Modifications & Enforcement Mechanisms
- Representations & Warranties
- Covenants & Continuing Obligations
- Default & Remedies
- General Provisions
- Prayer
- Verification & Execution
1. DOCUMENT HEADER
Cause No. [__]
In the [_] Court of [_] County, Texas
In the Interest of [CHILD’S INITIALS], a Child
Petitioner: [Petitioner’s Full Legal Name] (“Petitioner” or “Obligee/Obligor” as applicable)
Respondent: [Respondent’s Full Legal Name] (“Respondent” or “Obligor/Obligee” as applicable)
Effective Date of Requested Modification: [MM/DD/YYYY]
2. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below:
a. “200% FPL” means two hundred percent of the Federal Poverty Level published in the annual Federal Register.
b. “Child” means [Child’s Full Name], DOB [MM/DD/YYYY].
c. “Guideline Support” means the presumptive child support calculated under Tex. Fam. Code § 154.125.
d. “Net Resources” has the meaning assigned in Tex. Fam. Code § 154.062.
e. “Obligor” means the party from whom child-support payments are sought.
f. “Obligee” means the party entitled to receive child-support payments.
g. “Original Order” means the final order signed on [MM/DD/YYYY] in Cause No. [__] (the “Prior Proceeding”).
h. “Withholding Order” means an order issued under Tex. Fam. Code Chapter 158 directing the obligor’s employer to withhold child support from earnings.
[// GUIDANCE: Delete unused defined terms to avoid surplusage.]
3. JURISDICTION & VENUE
3.1 This Court has continuing, exclusive jurisdiction pursuant to Tex. Fam. Code §§ 155.001 & 155.003 because the Original Order was rendered by this Court and no other court has acquired jurisdiction.
3.2 Venue is proper in [__] County under Tex. Fam. Code § 155.201 because the child resides in this county and/or the Original Order was rendered here.
4. FACTUAL ALLEGATIONS
4.1 The Original Order requires the Obligor to pay child support in the amount of $[____] per [frequency].
4.2 Since entry of the Original Order, the following material and substantial changes have occurred:
a. [Describe change in Obligor’s income or employment].
b. [Describe change in Child’s medical, educational, or other needs].
c. [Specify any other relevant changes].
4.3 Alternatively, more than three years have elapsed since the Original Order was rendered, and the monthly child-support obligation under that order differs from the amount that would be awarded under the current Guidelines by more than 20 percent or $100. See Tex. Fam. Code § 156.401(a)(2).
5. GROUNDS FOR MODIFICATION
5.1 Petitioner seeks modification under Tex. Fam. Code § 156.401 on the following independent and sufficient grounds:
a. Material and substantial change in circumstances; and/or
b. Passage of three years with a 20 percent/$100 variance from Guideline Support.
5.2 The requested modification is in the best interest of the Child pursuant to Tex. Fam. Code § 153.002.
6. REQUESTED MODIFICATIONS & ENFORCEMENT MECHANISMS
6.1 Guideline Re-calculation. Petitioner requests that the Court set child support at [X] % of Obligor’s Net Resources (not to exceed the statutory cap set by Tex. Fam. Code § 154.125(a-1)), resulting in a monthly obligation of $[____].
6.2 Medical Support. Petitioner further requests:
a. Obligor be ordered to maintain health-insurance coverage for the Child as available through employment; or
b. Cash medical support in the amount of $[____] per month if adequate insurance is not available.
6.3 Retroactive Support. Petitioner requests retroactive child support from [MM/DD/YYYY] to the date of the filing of this Petition in accordance with Tex. Fam. Code § 154.131.
6.4 Income Withholding. Pursuant to Tex. Fam. Code §§ 158.001 & 158.301, Petitioner requests issuance of an amended or new Withholding Order directing wage garnishment for the modified amounts.
6.5 Additional Relief. Petitioner seeks any further orders necessary to enforce, clarify, or effectuate the modified child-support obligations, including but not limited to:
a. Qualified Domestic Relations Order (“QDRO”) for retirement-plan withholding if wages are insufficient;
b. Liens on real or personal property under Tex. Fam. Code § 157.312.
7. REPRESENTATIONS & WARRANTIES
7.1 Petitioner verifies that all factual allegations herein are true and correct to the best of Petitioner’s knowledge, information, and belief and are made under penalty of perjury.
7.2 Petitioner has disclosed all material information concerning the Child and the parties’ financial circumstances as required by Tex. Fam. Code §§ 154.063 & 154.064.
8. COVENANTS & CONTINUING OBLIGATIONS
8.1 Each party shall, within 30 days of any material change, furnish the other party with updated information regarding current residence, employer, and Net Resources.
8.2 The Obligor shall deliver to the Obligee, on or before [MM/DD] of each year, copies of IRS Form W-2, most recent pay stubs, and, if self-employed, a profit-and-loss statement for the prior fiscal year.
9. DEFAULT & REMEDIES
9.1 Failure of the Obligor to comply with any provision of the modified order constitutes a default.
9.2 Upon default, the following remedies shall be cumulatively available, subject to further court order:
a. Statutory interest at 6 percent per annum on all arrearages;
b. Income withholding escalation;
c. Suspension of state-issued licenses under Tex. Fam. Code § 232.003;
d. Contempt proceedings with potential incarceration up to six months; and
e. Award of reasonable attorney fees and costs against the defaulting party, recoverable as child-support debt.
10. GENERAL PROVISIONS
10.1 Amendment & Waiver. Any subsequent modification must be in a writing signed by the parties and approved by the Court. No waiver of any breach shall be deemed a waiver of subsequent breaches.
10.2 Severability. If any provision of the resulting order is found unenforceable, the remaining provisions shall continue in full force, and the Court shall reform the unenforceable provision to the minimum extent necessary to effectuate the parties’ intent and statutory requirements.
10.3 Integration. The modified order constitutes the entire agreement of the parties on the subject of child support and supersedes all prior inconsistent orders or agreements.
10.4 Electronic Signatures. Signatures transmitted by facsimile, email, or other reliable electronic means shall be deemed original for all purposes allowed under Tex. R. Civ. P. 21(f) and Texas Government Code Chapter 322.
11. PRAYER
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays that the Court:
- Cite Respondent to appear and answer herein;
- Modify the Original Order consistent with the requests stated above;
- Approve and sign an amended Withholding Order;
- Award retroactive support as pled;
- Award court costs and reasonable attorney fees to Petitioner; and
- Grant all other and further relief to which Petitioner may be justly entitled.
12. VERIFICATION & EXECUTION
I, [Petitioner’s Name], declare under penalty of perjury that the foregoing statements are true and correct.
Date: [MM/DD/YYYY]
City/State: [__]
[PETITIONER NAME]
Subscribed and sworn before me on the ___ day of __ 20__.
Notary Public, State of Texas
My Commission Expires: ____
[// GUIDANCE: If your county requires a separate Verification or Unsigned Declaration under Tex. Civ. Prac. & Rem. Code § 132.001, edit accordingly.]
OPTIONAL ATTACHMENTS
A. Proposed Order Modifying Child Support
B. Employer’s Request for Earnings Withholding
C. Financial Information Statement (per local rule)
[// GUIDANCE: File the Petition with the district clerk, serve Respondent via citation, and obtain a hearing date per local procedure. Bring updated income documentation and the proposed order to the hearing.]