Modification of Child Support

Life and personal situations are constantly changing, especially in cases where parents have gotten a divorce or have been single parents for a while. These changes affect everything from housing to income and the cost of everyday necessities. Because of these changes, a parent or guardian may request changes to existing child support terms.

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Modification of Child Support

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There are various reasons that an individual might request the modification of child support. These requests can be reviewed at any time. Whether the child is no longer living with the person receiving support, either parties' incomes have changed, or the cost of raising the child(ren) has changed are valid reasons for requesting a change.

Regarding the modification of child support in Texas, the court can do so if the circumstances of the child(ren) or a person affected by the order have materially and substantially changed since the earlier of:

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• The date of the order's rendition

• The date of the signing of a mediated or collaborative law settlement agreement on which the order is based

• It has been three years since the order was rendered or last modified, and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines

 

However, the court does not have the power to modify any amount of child support before the date of service of citation or an appearance in the suit to alter.

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It is important to realize that just because a court can order the modification of child support terms does not mean a court will modify the child support order. There are many factors that the court may consider in deciding whether to grant the request for a modification.

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Remember, when one party files a motion asking that an order for the modification of child support be altered in one direction -- for example, a child support increase -- the other party may file a countermotion requesting a change of support in the other direction.

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At Beal Law Firm in Texas, we can help you determine whether you can and or should file a request for the modification of a child support order. Additionally, we can help you defend yourself from a request that a court modifies the child support order under which you live.

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Our firm deals exclusively with family law cases, so our attorneys are well-versed in this area of law. Whether you make them or fight them, these requests are challenging, but our staff is here to help guide you through the complexities of these cases.