28 Jun Child Support Modification in Texas
When you go through a divorce, custody and child support are big elements of a divorce settlement. You and your ex-spouse can negotiate custody. Child support is based on formulas and custody arrangements.
Once custody is decided, the courts will look at who has physical custody as well as aspects like income in deciding how much support must get paid.
Life never stays the same. If your life has changed significantly, the child support agreement drawn up may no longer make sense. Can it get modified?
In a word, yes. Child support agreements and not necessarily set in stone.
Why Would I Need to Modify my Agreement?
Child support modification takes eligibility. It isn’t something you can change on a whim. It comes into play if there has been a significant change in circumstance. Modification is based on the noncustodial parent’s income.
In order to be eligible for modification:
- The order was established or last modified more than three years ago AND
- The monthly amount of the child support order differs by either:
a. 20% OR
b. $100 from the amount that would be awarded, according to the child support guidelines
The other way to be eligible for modification is IF:
- A material and substantial change in circumstances have occurred since the child support order was last set.
A material and substantial change in circumstance is the overarching standard that must be reached. This occurs in life-altering circumstances, such as:
● Change in job leading to a significant change in income
● Being legally responsible for more children
● Insurance changing
● The child living with a different parent.
How Do I Get a Modification?
If you qualify for an income modification, you can request a review for one. This doesn’t guarantee that it will be granted. You can open a modification case which has a few fees attached.
You must file the modification case in the Texas county where the current order was made. A judge will review it and consult with both parties. If everyone agrees and it fits within the child support guidelines, a modification can occur in a few days. If not, the process can take longer.
The person filing for the modification holds the burden of proving that they meet the legal standard for the change.
Do I Need an Attorney?
Child support is based on a formula, but it can still be tricky to navigate. Speaking with an attorney can help you recognize whether or not you have a basis to modify the agreement. If you are on the other side and you have an ex-partner discussing modifying the agreement, talking to an attorney can help you figure out if they have a case. If you are in downtown Denton, Navarette Bowen P.C. can help. Our experienced divorce and custody attorneys are here to help fight for the best outcome for you and your family. A confidential consultation with us is free, and you can come into our office or schedule one online. Contact us today.