You and your ex-spouse have been getting along better lately. In fact, you both agreed that the current child support amount no longer suits your situation. Perhaps one of you lost a job, or maybe one of you received a raise. So, you talked it through and shook hands on a new monthly amount. No attorneys. No judge. Just a verbal agreement between two reasonable people.
But can child support be changed without going to court?
Child Support Cannot Be Changed Without Court Approval
Child support modifications can be made. In fact, courts welcome the opportunity to adjust support if it makes sense in light of current circumstances (such as job loss, illness, or other extenuating factors). But they prefer to be the ones to do it—not you. While that might feel overly formal when both parents agree, there are significant legal reasons why the law doesn’t allow you to adjust child support obligations on your own.
Child Support Orders Are Court-Enforced
Child support is not just a personal agreement—it’s a court order. That means even if both parents agree to make changes, any change must be officially approved by a judge. If you and your ex make a private agreement to lower or suspend payments, the original court order doesn’t just disappear. The paying parent can still be held in contempt. Even well-meaning personal contracts can turn into major legal issues if one parent changes their mind or circumstances shift.
The Court Must Protect the Child’s Best Interests
In Texas, family courts focus first and foremost on what’s best for the child, not on making things easier for the parents. So even when both sides agree that a change in support makes sense, a judge still needs to look it over to make sure the child isn’t losing out in the process. Judges look at financial information, parenting time, and other relevant factors before making a ruling. This oversight helps prevent unfair reductions or backdoor deals that could leave the child without adequate support.
Verbal Agreements Are Not Legally Binding
A handshake or a text message won’t hold up in court. If a dispute arises later, the court will only recognize the most recent signed and filed support order that is in effect. That means if you’ve been paying less than the official amount—no matter what your ex agreed to—you are in arrears and must repay the unpaid amount. The court may also enforce penalties, wage garnishment, or even license suspensions.
Modifications Must Be Requested
While you can’t unofficially change child support, you absolutely can request a modification through the legal system. If it has been three years since the last order or there has been a substantial change in circumstances, Texas courts allow for a formal review. When both parents agree, the process can often proceed fairly quickly. Still, even in cases where there’s no disagreement, the request has to go through the court. Doing so protects both parents and ensures that the child’s needs remain at the forefront.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
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