What Must You Show To Get a Change in Child Support?
When finalizing a Texas divorce proceeding involving minor children, a court typically enters an order requiring the non-custodial parent to pay child support to the custodial parent. In Texas, as in many states, the amount of child support is based largely on the monthly income of the non-custodial parent and how many children are being supported.
What happens if, as the non-custodial parent, you lose your job, are required to take a pay cut, or otherwise have a significant decrease in your monthly income? Can you file a motion to amend the amount of child support you’re required to pay?
Modifying a Child Support Order in Texas
To change a child support order in Texas, you must petition the court for modification of the original order, and the court must subsequently issue a new support order. The court will consider modification of a current support order only under two circumstances:
- Where there has been a material change in the circumstances of the parent paying support, or
- If it has been three years since the last review of the child support order.
What Qualifies as a Sufficient Change in Circumstances To Warrant a New Support Order?
Courts in Texas typically do not permit frequent changes in support orders, requiring a “material and substantial change” before the request will be considered. Among the factors that may qualify as “material and substantial” are:
- A significant increase or decrease in the paying parent’s income
- A change in physical custody or possession of the minor child
- The obligor (paying parent) having responsibility for a new child
- Permanent changes in the child’s medical insurance coverage or medical needs
- Incarceration of the obligor
- Emancipation of the child
How Does the “Three-Year Review” Work?
Either party to a child support order may ask the court to modify the amount of the payment if the current order has been in force for a minimum of three years and a new calculation would change the existing order by at least $100 or 20% of the current amount. It’s important to note, though, that a party may seek changes under this rule only if they initially agreed to have support calculated according to the state guidelines. If they agreed on an amount not supported by the guidelines, it cannot be reviewed.
Contact the Proven Divorce and Child Support Lawyers at The Loftin Firm
Good results don’t just happen. They’re the product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter century, The Loftin Firm has represented countless people in Texas divorce proceedings, handling all matters related to divorce and family law, from the filing of a divorce petition to disputes over custody, visitation, child support, alimony, or division of marital debts and assets under Texas community property law. We can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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Willow Park, Aledo, and Annetta, and Throughout Fort Worth