Child support is a crucial obligation that a parent must fulfill to support their child’s financial needs. However, some parents may wonder if they have to pay more if their income increases or if they can change the child support amount without a court order.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses whether child support can be changed based on income and what circumstances warrant a modification.
All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Child Support Modifications: How Often Can You Request Them?
Child support is court-ordered, meaning it does not automatically change when there’s a change in your income. People have questions like, “if I make $2,000 in December and $3,000 in January, am I going to have to pay more money?”.
The answer is no! The court order sets the amount of child support you’re required to pay, and that amount remains the same until a new court order changes it.
Suppose the other parent notices that there’s been a significant increase in their ex-spouse’s income. In that case, they can request a modification and ask the court to review whether the previously ordered child support amount is still appropriate and complies with the guidelines.
However, this can only happen once every three years or if there has been a substantial change of circumstances. This means that if your income changes enough to affect the support calculation by approximately $100, it might be considered a substantial change of circumstances and warrant a change in the child support amount.
It’s important to note that child support cannot be changed unilaterally without a new court order. Even if both parents agree to a change, it still requires court approval. Therefore, it’s crucial to follow the court order until there’s a new one in place.
Having an experienced attorney by your side can help alleviate the stress of the situation and ensure that you are well informed and properly represented throughout the process.
How Does The Family Code Address This Issue?
In the Texas Family Code, several statutes address the question and content related to child support and income changes. Relevant statutes include:
- Texas Family Code § 154.125 – Application of Guidelines to Net Resources
This section outlines the guidelines for calculating child support based on the obligor’s net resources. These guidelines are used to determine the appropriate child support amount.
- Texas Family Code § 154.130 – Additional Factors for Court to Consider
The court may consider additional factors when determining child support, such as the child’s age and needs, the obligor’s ability to contribute to the child’s support, and any financial resources available to both parents.
- Texas Family Code § 154.401 – Modification Authorized
This section states that the court may modify a child support order if:
a. There has been a material and substantial change in the circumstances of the child or an individual impacted by the order since the date the order was issued or the date a mediated or collaborative law settlement agreement, upon which the order is based, was signed; or
b. Three years have passed since the order was issued or last modified, and the difference between the current monthly child support amount and the amount that would be awarded under the child support guidelines is either 20 percent or $100.
The legal system surrounding child support is complex and can be difficult to navigate, particularly when it comes to modifications based on income changes or substantial changes in circumstances.
Therefore, it’s crucial to have an experienced family law attorney to guide you through the process and explain the intricacies of the Texas Family Code statutes, which govern child support in Texas.
An attorney can help you understand the legal jargon and the potential outcomes of any modification requests. They can also provide valuable advice on the best course of action to take and represent your interests in court.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Tina Campbell is an experienced family law attorney with Turner-Monahan, PLLC, who has over 15 years of practice focused on family law. With a deep understanding of child support issues gained from working for the Office of the Attorney General Child Support Division and Tarrant County Legal Enforcement, Tina is uniquely qualified to handle child support-related matters that are often intertwined with other family law concerns.
Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How is Child Support Determined in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- The Danger of Verbal Agreements for Children’s Custody and Property Division in Texas
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Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
