Navigating the world of child support can be a complex and emotionally charged journey. Understanding when and how you can modify child support in Texas is crucial for ensuring the well-being and financial stability of your children.
This article will delve into the intricacies of modifying child support in Texas, providing a clear insight into the Texas Family Code and outlining the circumstances under which modifications can be made.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Child Support Modification
In Texas, child support is designed to ensure that both parents contribute to the financial responsibilities of raising a child. However, life is full of unexpected changes, and there may be circumstances where modifying the child support order becomes necessary.
Texas Family Code on Child Support Modification
According to the Texas Family Code, Title 5, Chapter 156, a court may change a child support order if there is a significant and important change in the situation of the child or a person affected by the order. This could include a big increase or decrease in income, loss of employment, or a medical emergency.
The law, Section 156.401, states the conditions for changing a child support order. The court can modify an order for child support, including orders for health or dental care coverage, if:
The situation of the child or a person affected by the order has significantly and importantly changed since either:
- The date the order was made, or
- The date a mediated or collaborative law settlement agreement, which the order is based on, was signed.
Or, Three years have passed since the order was made or last changed, and the monthly amount of child support under the order is different by either 20 percent or $100 from the amount that would be awarded according to the child support guidelines.
If both parties agree to a child support amount that is different from the guideline amount, the court can only change the order if there has been a significant and important change in the situation of the child or a person affected by the order since the order was made.
In a Title IV-D case, a child support order can be changed at any time to provide for medical or dental support of the child without showing a significant and important change in circumstances if the order does not already provide health or dental care coverage as required.
A support order can only be changed regarding the amount of support ordered for obligations accruing after the date of service of citation or an appearance in the suit to modify.
Being incarcerated for more than 180 days is considered a significant and important change of circumstances. Also, the release of a child support obligor from incarceration is a significant and important change in circumstances if the obligor’s child support obligation was stopped, reduced, or suspended during the period of incarceration.
The Texas Family Code outlines clear guidelines for modifying child support ensuring fair and equitable support for the child’s needs. Despite these guidelines, the legal language and procedures can be intricate.
An attorney, well-versed in the Texas Family Code, will guide you through the process, ensuring all legal requirements are met and your child’s best interests are effectively represented. This legal assistance helps simplify the complexities of child support modification in Texas, offering clarity and assurance in this essential matter.
Circumstances for Modification
Change in Income: A significant increase or decrease in either parent’s income may warrant a modification in the child support order.
Change in Employment: Loss of employment or a change in job may also be a valid reason for modification.
Medical Emergency: A sudden medical emergency or significant health issue may necessitate a change in child support.
Change in the Child’s Needs: If the child’s financial needs significantly change, this may also be a ground for modification.
The Modification Process
To modify a child support order in Texas, you must file a petition with the court that issued the initial order. It’s essential to provide evidence of the material and substantial change in circumstances to support your petition. Legal representation is highly recommended to navigate this complex process effectively.
Turner-Monahan, PLLC: Get Legal Guidance Today!
At Turner Monahan PLLC, we understand the emotional and legal complexities involved in child support modification. With a rich history of providing high-quality, experienced representation in all family law matters, we are committed to fighting for your rights and ensuring the best possible outcome for you and your child.
Your case is personal to us, and we are committed to understanding and reaching your goals by creating a custom-tailored strategy for your case. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
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.
