Child Support Modification In Texas .pdf
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Child Support Modification In Texas: 5 Essential Points to
Dissolving a marriage doesn’t end the moral and financial duties towards children. Texas courts
ensure a secure future for the children through provision of child support. Generally, the
non-custodial parent pays for child support assuming that the custodian is already fulfilling their
financial responsibilities. The situation may, however, change over time and either of the
parent may request for a modification in child support. Texas courts consider a number of
factors before making any changes in the existing child support amount. In this blog post we
discuss five factors every divorced couple must know about child support modification.
1. Modification Criteria
Though child support modification is a legal right that can be exercised by either of the parties,
both need to fulfil fundamental criteria to be considered for a child support modification. All in
all, a parent can apply for a child support modification if:
● Three years have elapsed since first establishment or modification of the child older,
whichever is the case. On top of that, the monthly child support amount must also differ
by a factor of 20 percent or $100 from the amount according to current child support
guidelines back then.
● There is a “material” and “substantial” change in the life of either of the spouses since
the last court ordered child support.
Material and substantial change can be any condition that demands an increase or decrease in
the child support amount such as:
● Income fluctuations
● Involvement of children other than those stated in the child support order
● Change in children’s medical coverage
● Change in children’s living arrangements or conditions
2. Legal Procedure
Parents can either take the legal route through court proceedings or can mutually decide the
required modifications in the child support amount. Remember that a mutual agreement would
still require a court approval to be legally enforceable. Nonetheless, mutual agreements
involving a lawyer for child support is better if both the parties are on the same grounds and
willing to cooperate. If a mutual decision can’t be derived for any reason, either of the parties
can go for a court hearing for the judge to confirm the final verdict on modification.
The duration to modify the child support depends on whether the parties settle for a mutually
agreeable amount or go for a court hearing. It goes without saying, informal agreements close
earlier than court proceedings as a child support lawyer can explain the terms to both the
parents and help them to reach on a conclusion on the modified child support amount. Court
hearing, on the other hand, may take some time to conclude as more time is spent on
understanding both sides before announcing a modification. Hire an experienced child support
lawyer who can advise you and your ex-spouse to advise you on how to close the issue faster
without going to the courts.
4. Required Information
Modifying a child support order requires the petitioner to furnish a number of important details
such as pay stubs, tax forms and employment information. On top of that, medical insurance
details of the children also needs to be provided as a good reason to modify the existing child
support. If you already have a modification request pending with the Office of Attorney General
(OAG), you can check the status online or mail them for clarifications. To get the exact details of
required documents speak with your child support lawyer.
5. Special Cases
Many unique cases also qualify for a child support modification. Off-duty military members and
unemployed parents, for instance, can use reduced income records to get an exemption in
monthly child support amount. Even in such cases, the directed parent still needs to continue
paying for child support, no matter how trivial is the amount. The court recalculates a revised
amount depending on educational qualifications and earning potential. For unemployed
parents, monthly child support payments are directly deducted from employment benefits to
keep up with the best interests of the child.
The Bottom Line
Child support is essential to ensure that a divorce doesn’t have any financial implications on the
child and their life is not compromised in any way. Even if circumstances are unfavorable, the
parents must not stop paying child support. The order is legally enforceable and may invite
penalties, if the parent fails to abide by the court’s order. To be considered for a modification,
petitioners must contact a child support lawyer to navigate the entire process.