Either the custodial parent or the non-custodial parent can file a Texas modification of child support. In addition, if you are not the parent of the child, you can still file a modification case if at least one of the following scenarios applies:
You’re listed as a party in the current order
You have had actual care, control, and possession of the child for a minimum of 6 months ending no more than 90 days prior to the date you file the modification with the court, and you are not a foster parent
You have lived with the child and the child’s parent, guardian, or conservator for a minimum of 6 months ending no more than 90 days prior to the date you file the modification case, and the child’s parent, guardian, or conservator has died
You’re the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece, or nephew and both parents are dead
Both parents, the surviving parent, or managing conservator agree
The child’s current circumstances will significantly harm the child’s physical health or emotional development.
It’s also possible for the Texas Office of the Attorney General Child Support Division to file a modification case.