If you currently pay or receive child support in Texas, there may come a time when you need to attempt to modify the amount of support given or received. There are certain guidelines that dictate the circumstances under which you may do so, and the decision will ultimately be made either through a court hearing or a child support review process. At Fabio & Merrill, we assist clients as they navigate these and other complex family law matters, and we have a firm understanding of the processes involved in modifying child support.
For the amount of child support you give or receive to change, per the Texas Attorney General, one of two specific circumstances must apply. You may be able to request a modification of child support if at least three years have gone by since the last time the amount of child support given or received was issued or modified. To do so, the amount dictated by child support guidelines must differ by more than $100 or 20 percent of what is currently paid in support each month.
You may also seek to modify a child support order if a “material or substantial change in circumstances” took place in the time since a court order dictating or modifying the amount of child support took effect. Material or substantial changes in circumstance might refer to a change in the child’s living situation or insurance benefits. It may, too, refer to a change in income experienced by your child’s noncustodial parent, or a change in the number of children over whom the noncustodial parent is financially responsible.
Every child support situation is different, and economic circumstances are prone to changing over time. More information about modifying child support is available on our website.