How To Modify a Texas Child Support Order

 Posted on January 24, 2024 in Child Support

Special circumstances may occur that could make modifying an already existing child support order a reasonable request. When the support-paying parent or obligor loses their ability to earn a wage or receives a substantial raise from their current employer, these are both grounds for possible child support modification. Of course, additional requirements will need to be met before a request is eligible. An attorney can go over the finer points of child support modification so that you can avoid any hiccups while filing.

Child Support Modification Eligibility Requirements

Before you can file a petition to modify child support, there are a few requirements that you will need to meet. Texas child support modification eligibility requirements are as follows:

• A material or substantial change in circumstances for either the child or person affected by the last issued child support order
• At least three years have passed since the last issued child support order
• The new support payment differs by $100 or 20 percent from the last ordered child support payment

A substantial change could be if the ordered parent suffered an accident that left them incapacitated and lowered their earning capacity. Another substantial change could be an increase in medical coverage costs for the child or children for which the obligor is responsible.

Filing a Motion To Modify

When a parent believes their circumstances merit a child support modification, they will need to act quickly and file a motion to modify. Doing so early can prevent an obligor from overpaying or the obligee from not paying enough. Once you prove a change is warranted, you should file a motion to modify child support immediately.

Proof is not always easy to come by. To modify a child support order, one parent must prove a change in income. That requires obtaining proof of the original amount the obligor earned when the order was issued and their current earning amount. This can be tricky if the paying parent has a 1099 on their tax forms.

Another thing to look at is the physical, mental, and even emotional needs that a child requires. Have those needs changed enough to consider a child support modification? Depending on their current situation, the child may require an increase or decrease in financial resources. A judge will always consider a child’s best interests above all else when making a decision.

Contact a Tarrant County, TX Family Law Attorney

Making changes to court-ordered child support is not an easy task. A parent must be able to properly evaluate and assess their current agreement before proceeding to file a motion to modify child support. It is a daunting process that can be made much easier by consulting an experienced Dallas, TX child support modification lawyer. A skilled attorney from Law Office of Michelle Poblenz can help determine whether your circumstances are grounds for a modification request and assist in preparing the legal documents necessary. Contact the office for a reasonably priced consultation today at 469-845-3031.