How to Modify Child Support in Texas

Posted Jan 8, 2023 by Mary E. Ramos | Child Support, child support modification

How to modify child support in Texas is a question many parents face when circumstances change.  Regardless of whether a Texas child support order was the result of divorce or other family law case, it is legally binding and enforceable. It is unlawful to violate the terms, and a party has remedies in court if the other does not comply. As you may recall from the original proceeding, the Texas child support statute creates a percentage of income model: The calculation starts with the noncustodial parent’s monthly income, and the amount is based upon how many children there are to support.

Additional factors may affect child support, including an agreement between the parents or issues that would make the guidelines amount unjust.

However, even though the judge’s child support order creates a legal obligation, it is subject to change in some situations. Parents cannot unilaterally alter the terms, but either the payor or recipient has the authority to request that the court modify child support. You must follow all procedural rules and meet all legal requirements, so you should retain a Houston child support modification lawyer for assistance. Every case is different, but the basic steps include.

• Continue paying child support in full and on time.

Before diving into the legal process, do not overlook your obligations under the existing child support order. Until a court approves your request for modification, paying less, not paying at all, or engaging in delay tactics is unlawful. Stay current and comply with the court’s order to avoid:

1. 1. • An enforcement action from your child’s other parent;
      • Being forced to pay interest, back payments, and attorneys’ fees; and,
      • Other sanctions the court may impose for contempt.

Another downside of not paying child support is that you may make a poor impression on the judge who could be hearing your case to modify child support.

• Determine grounds for modifying child support.

There are limited reasons a court would consider making changes to the child support obligation:

1. 1. • When more than three years have passed since the judge entered the child support order that is currently in effect, both societal and personal factors may justify a modification. Either parent can request if the amount of support would change by $100 or 20 percent per month, as measured by current child support guidelines.
      • A parent or the child has experienced a change in circumstances that justifies adjusting child support. The change must be so significant that the amount is inappropriate considering the new situation.

• Gather evidence to support your position.

For a petition to modify based on the three-year rule, you will need proof showing the difference between the Texas child support guidelines at the time of the original order and current values.

However, proving a child support modification due to an alleged change of circumstances requires more than simple math. You must show that the change is material and substantial. Examples include:

1. 1. • The payor’s income has either increased or decreased;
      • The payor has additional children who are legally entitled to support or,
      • The child spends more time and overnights with the payor, so the parent takes on additional direct expenses.

• Assess options for a child support modification.

Parents are encouraged to agree on changes to child support, though any new arrangement still needs to be approved by the court. When you gather solid evidence to support a modification based upon the three-year rule or a change in circumstances, you could benefit from working things out by agreement.

In addition, mediation is a process that may supplement your efforts toward agreement. During the session, a trained mediator facilitates discussion between the parents on child support modification. The parties are often able to compromise with help from mediation professionals.

• File the petition to modify child support.

Absent an agreement, you must make an official request to the court by filing a petition for a child support modification. All disputes will go to a contested hearing, similar to a trial. Each side presents its evidence and testimony, with a particular focus on the grounds for modifying child support

A Houston Child Support Modification Attorney Will Guide You Through the Process

At The Ramos Law Group, PLLC, our team is prepared to support your needs, whether you are seeking to change child support or defend an action by your child’s other parent. For more information on the process, please call 713-225-6200 or visit us online. We are happy to schedule a consultation with a skilled Houston child support modification lawyer.

Last Updated on April 23, 2024 by Mary E. Ramos

Mary E. Ramos

Mary E. Ramos is Board Certified in Family Law by the Texas Board of Legal Specialization. She is recognized and respected throughout the Houston legal community for dedication in effectively representing clients’ rights and interests. Mary understands the emotional side of divorce and brings a special compassion to each and every case.