Adapting to Life’s Changes
Life is full of unexpected twists, and financial situations can change dramatically. Whether you are the parent receiving, or paying, child support, events such as a job loss, a raise in income, or large medical expenses, can impact your ability to meet your obligations. Fortunately, Texas law recognizes that child support orders are not permanent, and can be modified under certain circumstances. In this post, we will discuss modifying child support payments in Texas; the conditions for modification; and, some common pitfalls to avoid.
Can You Modify Child Support in Texas?
Yes, you can modify child support, but it requires specific conditions to be met. Here are the primary grounds for modification:
- Three-Year Rule: If it has been three years since the last child support order was established, and the new calculation indicates a change of 20% or $100 (whichever is less), you may qualify for a modification.
- Material and Substantial Change: Significant changes in circumstances, such as job loss, a new disability, changes in custody arrangements, or a major shift in income, can justify a reevaluation of child support obligations. In our experience, this ground is the most common one used to seek a modification of child support (at least, in Texas).
Common Mistakes in Child Support Modifications
To ensure a smooth modification process, avoid these common mistakes:
- Not Documenting Income Changes: Courts require evidence to support your claim for modification. Be sure to provide relevant documentation, such as tax returns, pay stubs, or medical records, to substantiate any drastic changes in your financial situation. If you are the party receiving child support, then engaging in formal discovery is often necessary to obtain relevant information about the other party’s current earnings and/or earnings capacity (child support payments can be set on a parent’s earnings capacity, rather than his or her actual earnings, if the court finds that the parent is either voluntarily unemployed or underemployed).
- Waiting Too Long to File: Modifications can be made retroactive only to the earlier of the date when a party was served with the pleadings requesting the modification, or the date on which that parent appeared in the case. If you delay filing for a modification, you may miss out on adjustments to your child support, for earlier time periods. So, a delay in filing is not helpful.
- Assuming Verbal Agreements Are Enough: Even if you and the other parent informally agree to changes, these agreements must be court-approved to be legally binding. Always seek a formal modification through the court.
Final Thoughts: Is It Worth It?
Modifying child support can range from straightforward to complex, depending on individual circumstances. If your situation meets the criteria for modification, pursuing it can provide financial relief, or ensure that your child receives the support they need, depending on whether you are paying, or receiving, child support..
If you need assistance navigating the process, consider consulting with a knowledgeable attorney with experience handling Texas Family Law cases. We can guide you through the modifications and ensure everything is handled correctly.
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