increase in support?

What is the name of your state?texas

Husband is Cp gets child suport. Birthmom took us to court for custody. Its not looking like she will win.(lawyer quit, not paying her half of med bills and hasnt spoken to her sons in over 3 months.) Can we go ahead and ask for an increase during this time or should we wait until this issue is settled??? It has been 3 years since order was established. We have kids 98% percent of the time if not more.

Dad would have to file for a CS modification separately. And again, there is no we in the order, is there.