As any parent knows, raising children is expensive. Child support is often a critical financial resource to help meet the needs of children. Following an initial order for child support, the income of parents or financial needs of children can change. What can you do if circumstances change requiring a modification of child support?
Modification of child support
Texas law allows for modification of child support under two circumstances. First, a court may modify child support if there has been a material and substantial change in circumstances since child support was last set.
Examples of material and substantial changes in circumstances include a change in a parent’s income, changes in medical or other expenses associated with the child or a change in custody of the child. Other examples include the addition of a new child or a change in medical insurance coverage.
Second, a court may modify child support if at least three years have passed since the last order and, applying the Texas child support guidelines, the amount presumed under the guidelines would be different from the last order by more than 20% or $100.
Motion for modification
To ask to modify child support, a party ordinarily must bring a motion and prove that they are entitled to a modification. This requires presenting evidence to the court showing changes in income or other changed circumstances that justify increasing or decreasing the support order.
If you are considering a motion to modify child support, you should consult with an experienced attorney, who can advise on potential grounds for a motion and assist with filing the motion.