The Modification of a Texas Child Support Order
Once child support is established by the court, it can’t be modified without the entering of a new court order. While you and your ex can informally agree to changes, without a new order—if a dispute later arises—you’ll have no right to the increased amount you and your ex came to agree upon. If you need to have your Texas child support order modified, it’s in your best interest to seek experienced legal counsel.
Conditions Of Child Support Modifications
Courts may modify two broad conditions within which child support case:
- The child support order was issued at least three years earlier, and the current calculation using the Texas child support guidelines would change the support amount by more than 20 percent—or by at least $100.
- The requesting party can show that a material and substantial change in circumstances of one or both of the divorced parties has occurred since the original support order was issued.
Material And Substantial Change?
“What the heck is a material and substantial change?” you may ask, and it’s a great question—but unfortunately, there is no exact answer. There are, however, some examples of circumstances that typically qualify as material and substantial changes:
- When one party’s income goes up or down significantly
- When one party loses a job or gets a new job
- When either parties’ medical insurance coverage changes
- When the paying party becomes legally responsible for supporting more children
- When a child develops a special need (which can include a medical, educational, or psychological diagnosis)
- When a child’s living arrangements have changed
Any of these situations could lead to the modification of a Texas child support order, but there are no guarantees.
Modifications Aren’t Retroactive
Even if all the listed substantial and material changes are relevant to your changed circumstances, a modification in child support isn’t retroactive to the date the changes occurred. Simply experiencing changes in your circumstances does nothing to alter the child support order. Instead, you must go through the court to exact modification of that order. To expedite the process and to help ensure that your children receive the full support that they need and deserve, seek an experienced divorce lawyer in Richmond, TX.
If You Need a Child Support Modification, Consult with an Experienced Richmond, Texas, Divorce Attorney Today
Child support is integral to your children’s welfare, and if you or your ex’s circumstances have changed, you may be entitled to a modification of your Texas child support order. At The Vendt Law Firm, P.L.L.C., in Richmond, Texas, we understand how critical child support is to you and to your children, and we’re here to help. Attorney Frank J. Vendt has the experience, dedication, and determination to fight for the child support modification to which you are entitled. To schedule a consultation with Mr. Vendt, call our office today at (832) 276-9474 or send us an email through our online contact form.