Understanding Custody Modifications and Child Support in Texas
Navigating custody modifications and child support in Texas can be complicated, especially when deadlines, financial timelines, and enforcement options come into play. Whether you are seeking a change to your custody arrangement or wondering what to do about missed child support payments, understanding your legal rights is essential. If you are a parent involved in a custody or child support situation, this guide will break down:
The one-year rule for custody modifications
How child support deadlines work in Texas
The best way to track payments and reimbursements
What happens if your ex doesn’t pay child support on time
Knowing when and how to act can help you protect your rights and your child’s well-being.
The One-Year Rule for Custody Modifications
Many parents assume they can request a custody modification whenever they want—but Texas law has strict timing rules in place.
What Is the One-Year Rule?
If your divorce or custody order was finalized within the last year, you cannot request a modification unless there is a severe, immediate risk to your child’s emotional or physical well-being.
What Qualifies as an Emergency?
The legal bar for modifying custody within one year is extremely high. Courts typically only allow modifications in cases involving:
Physical abuse (e.g., broken bones, unexplained injuries)
Sexual abuse
Severe neglect (e.g., malnourishment, lack of medical care, dangerous living conditions)
If the situation does not involve a life-altering issue, courts will not approve a modification within the first year.
What Happens After One Year?
After the one-year mark, the legal standard changes. Parents can request a modification if there has been a “material and substantial change”. This is a more flexible legal standard and can include:
Changes in schooling, schedules, or living arrangements
A parent’s relocation
A parent failing to meet court-ordered responsibilities
Changes in the child’s medical, emotional, or educational needs
The bottom line? Timing matters. If you file too soon without meeting the legal standard, your case will be denied, and you may have to wait another year before trying again.
Understanding Child Support Deadlines in Texas
Child support does not work the way many parents assume.
When Is Child Support Considered Late?
Most child support orders specify payments are due on the 1st of the month. However, Texas law allows the paying parent to submit payments anytime during that month before it is considered late.For example:
If your order says $500 is due on the 1st, and your ex pays $250 on the 15th and $250 on the 30th, it is not considered late (even if it causes financial hardship for you).
If no payment is made by the end of the month, then it is considered late.
This can be frustrating if you rely on the funds for daycare, tuition, or household expenses.
How to Protect Yourself
The best way to ensure timely child support payments is to set up automatic payments through the Texas Office of the Attorney General (OAG).
The OAG portal tracks all payments.
It automatically withdraws from the paying parent’s paycheck.
It eliminates the stress of chasing down checks.
Many parents hesitate to use the OAG system, but it protects both parties and keeps an official record of payments.
How to Stay Organized with Child Support in 2025
Organization is key when dealing with child support, custody modifications, and reimbursements for medical expenses.
Best Ways to Track Child Support Payments
If your child support is processed through the Texas OAG, you can:
Log into the OAG portal for payment history
Use the online chat feature to ask questions
Access a detailed record of all transactions
Tracking Additional Reimbursements
If you receive additional payments for medical bills, school expenses, or other child-related costs, stay organized by:
Uploading receipts to a co-parenting app (e.g., Our Family Wizard)
Submitting reimbursement requests on time
Keeping copies of all payment records
If you wait too long to request reimbursements, it may be harder to enforce payment.
What If Your Ex Doesn’t Pay Child Support?
When child support payments are late or missing, many parents feel frustrated and unsure of their options. The good news is that Texas law provides several enforcement mechanisms to help ensure you receive the support your child is entitled to.
Option 1: OAG Enforcement
The Texas Office of the Attorney General (OAG) has the power to recover unpaid child support through several methods, including:
Tax refund interception – If the paying parent owes back child support, their federal and state tax refunds can be seized and applied to the balance.
Wage garnishment – In many cases, child support payments are automatically deducted from the paying parent’s paycheck. If they fall behind, the OAG can garnish additional wages to make up for past-due amounts.
License suspension – Texas law allows the OAG to suspend driver’s licenses, hunting licenses, and even professional licenses if child support is overdue.
These methods are highly effective because they do not require you to file a separate court case—the state takes action on your behalf.
Option 2: Filing a Motion for Enforcement
If the OAG’s enforcement methods are not working or your ex is intentionally avoiding payments, you may need to file a motion for enforcement in family court. This legal action requests the judge to order compliance and issue penalties for non-payment, which can include:
Fines for each missed payment
Mandatory repayment plans to catch up on arrears
Jail time in severe cases where the parent willfully refuses to pay
However, before filing a motion, consider the potential risks:
Your ex may retaliate by filing for a custody modification, attempting to reduce or eliminate their child support obligation.
The legal process can be expensive, requiring attorney fees and court costs.
Judges sometimes offset unpaid child support if the other parent has financial claims, such as unpaid medical expenses.
When to Take Legal Action
If child support payments are consistently late or missing for several months, it may be time to speak with a family law attorney to determine the best course of action. In many cases, the OAG’s enforcement options are the least stressful and most cost-effective way to recover unpaid support.
Final Thoughts: Protect Yourself and Your Child
Navigating child support and custody modifications in Texas can feel overwhelming, but understanding your rights and options can help you make the best decisions for your family.
Key Takeaways
✔ Custody modifications cannot be made within the first year unless there is a serious risk to your child’s safety.
✔ After one year, modifications may be possible if there has been a material and substantial change in circumstances.
✔ Child support is not considered late unless the full payment has not been made by the end of the month.
✔ The best way to track child support is to use the Texas OAG system, which creates an official record and automates payments.
✔ If your ex doesn’t pay child support, the OAG can intercept tax refunds, garnish wages, or suspend their licenses.If you are facing child support or custody issues, working with an experienced family law attorney can help you protect your rights and your child’s best interests.