Decatur Family Law and Probate Attorney

When to seek a modification of child support

On Behalf of | Oct 21, 2024 | Divorce

Child support payments help ensure that children receive the financial support they need from both parents. In Texas, certain life changes can make it necessary to adjust these payments. Knowing when to seek a modification can help you stay in compliance and meet your child’s needs.

Understanding child support orders

The courts base child support orders on the income of the parents and the needs of the child at the time the order is made. However, situations change over time. Adjustments may be needed to reflect new circumstances.

Significant changes in income

If your income has changed significantly, it might be time to modify your child support payments. This could be due to losing your job, getting a pay cut, or even receiving a substantial raise. In Texas, a change that results in at least a 20% or $100 difference in the monthly payment amount is considered significant.

Changes in your child’s needs

As children grow, their needs can increase or decrease. Medical issues, educational expenses, or extracurricular activities might require more financial support. If your child’s needs have changed considerably, adjusting the child support order can help address these new expenses.

Changes in custody or visitation

Modifications to custody or visitation arrangements can affect child support. If the amount of time the child spends with each parent changes, the financial responsibilities might need to be reevaluated. For example, if the child starts living with you more often, you may be eligible to pay less in child support.

Three years since the last order

Even without major changes, Texas allows for a review of child support orders every three years. If it’s been at least that long since the last order and the calculated support amount would differ by 20% or $100, you can request a modification.

Steps to request a modification

To seek a modification, you can contact the Texas Child Support Division. You’ll need to provide evidence of the changes, such as pay stubs, tax returns, or medical bills. The process involves filing a request and possibly attending a court hearing to present your case.

Life changes can affect your ability to pay child support or the amount your child needs. Knowing when and how to seek a modification in Texas helps ensure that the support order remains fair and appropriate. By staying proactive, you can meet your obligations and continue to provide for your child’s well-being.