Child Support Modification

In Texas, a modification of child support refers to a legal change to an existing child support order. Modifications can occur when there are significant changes in circumstances affecting the needs of the child or the financial situation of the parents. Here are some key points about child support modifications in Texas:

1. Grounds for Modification: In Texas, you can request a modification of child support if:
   • There has been a material and substantial change in circumstances since the last order was made. Common examples include a change in income (either an increase or decrease), a new job, loss of a job, or changes in the needs of the child.
   • Three years have passed since the last child support order, and the current support amount deviates from the Texas child support guidelines by 20% or more.
2. Filing Process: The party seeking the modification must file a motion with the court that issued the original child support order. This typically requires:
   • Completing specific legal forms detailing the request for modification.
   • Filing the modification request with the court and serving the other parent with the papers.
3. Court Hearing: After filing, a court hearing will be scheduled. Both parties can present evidence and arguments regarding the modification. The judge will consider the evidence and make a decision based on the best interests of the child and the circumstances of the parents.
4. Legal Representation: While it’s possible to navigate this process without a lawyer, it is generally advisable to seek legal representation. An attorney can help properly file the motion, gather necessary evidence, and represent your best interests in court.
5. Child Support Guidelines: Texas has specific guidelines for calculating child support, which are based on the non-custodial parent’s income and the number of children to be supported. When evaluating modification requests, the court will often reference these guidelines.

If you are considering modifying a child support order, it may be beneficial to consult with a family law attorney to understand your rights and the best course of action based on your specific circumstances. The Denis Law Group is here to help you, book your consultation today.