Modifications to Child Support
Circumstances can change as years go by following a divorce, including lost jobs or significant job promotions, and
modifications to child support may be sought by one or both of the parties to a divorce.
Child support is a legally mandated and enforced process, and so any modifications to child support can only be brought about through the court, by way of a new court order. Texas law allows parent who pay and receive child support to have their court orders reviewed.
Child support can be modified if there is a substantial change in relevant circumstances since the last child support order was set by the court, or if it has been at least 3 years since the last order was established and that order amount is off by either 20 percent or $100 from the amount that would be awarded according to the current child support guidelines. If you are considering any modifications to your child support agreement, you are urged to contact a Houston divorce lawyer immediately in order to ensure that your interests are best protected.
Questions about modifications to child support?
Texas Family Code §156.401 outlines the grounds for modification of child support, but understanding the complexities of the law can be difficult to understand. In order to file an application for child support modification, you must provide certain information to the Office of the Attorney General, such as:
- A copy of the divorce decree, court order for child support or separation agreement
- The birth certificate of the child involved
- Evidence of child support history
- Documents that reflect the incomes of both parents including bank statements, tax returns and paycheck stubs
If you are successful in obtaining a modification of child support, the amount of time before a change can occur will depend on the specific circumstances of each case.