Modification (Child Support)
The State of Texas recognizes modification of child support orders. If you have an order for child support that is no longer workable because of changes to your circumstances, then you should consult with an attorney that deals with child support modifications. Similarly, if you are the custodial parent of a child or children whose financial needs have changed, then you should consult with an attorney so they can help you determine if you may be eligible to modify your current order.
Brownsville Child Support Modification Attorney
If you are going through recent economic struggles, such as a new child or becoming unemployed, you should consider consulting with an attorney about modifying your child support payment terms. You will have to provide evidence of your economic changes. At The Gracia Law Firm, P.C. , we can represent you if you decide to go forward and attempt to modify your current child support order.
Our attorneys understand that parents do the best that they can to provide for the child or children they care for with the court ordered support. However, if the current child support order is no longer working because of changes in your circumstances, then you should consult with an attorney to determine if modifying the Court ordered child support payments is an option for you.
Call our office for a free, confidential consultation at 956-504-2211 or fill out a free case review form at the bottom of the page. We work with clients from Brownsville, Texas, and the counties of Cameron, Hidalgo and Willacy.
Overview of Child Support Modification
- Texas Law for Child Support Modification
- Evidence Used for Child Support Modification
- Child Support Modifications Not Accepted
- Additional Resources
Texas Law for Child Support Modification
Any party, whether it be a custodial or non-custodial parent, affected by a child support order is allowed to file for modification of that order if they meet the requirements. Tex. Fam. Code § 156.401 recognizes the specific grounds for modification as the following:
·“the circumstances of the child or a person affected by the order have materially and substantially changed;” or
·“it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.”
Additionally, a child support order can also be modified if the noncustodial parent has recently gotten out of jail or prison, and his or her order was initially determined based on the fact that he or she was in jail or prison. An IV-D type of child support case, which is a child support case with provided assistance from the government, can issue a modification for child support at any point without necessary proof of evidence.
Evidence Used for Child Support Modification
Along with regular child support guidelines, the Court may use the following evidence to grant a child support modification:
- The noncustodial parent loses job
- The noncustodial parent’s hours get cut
- The noncustodial parent has another child
- The noncustodial parent’s income changes
- The noncustodial parent suffers an accident or illness
- The noncustodial parent obtains possession of the child
- The noncustodial parent marries/remarries the parent of the child
- The noncustodial parent goes to or gets released from jail/prison
- The child has additional healthcare needs
- The amount presumed to meet the child’s best interests changes
Child Support Modifications Not Accepted
Though you and your co-parent might have agreed on a modifying your current child support order verbally, sometimes, it is best to put that agreement in writing and have the Court sign a new order outlining your agreement to avoid any issues later on down the line. If your initial agreement to pay child support was not ordered by the Court, you can still consult with an attorney to have that agreement put in writing and signed by a judge to make it enforceable.
A child support modification cannot be supported by the following:
- The custodial parent’s income changes
- The custodial parent marries or gets a divorce
- The noncustodial parent marries or gets a divorce
- The noncustodial parent’s spouse has a change of income
- The noncustodial parent obtains custody (non-possession)
Attorney General of Texas | Support Modification Process – Attorney General of Texas page provides different resources for domestic issues in Texas, including child support. They provide a detailed page dedicated to the modification process. Click on the link to learn more about the specific paperwork necessary to begin the modification.
Office of Child Support Enforcement | Parent Resources – The Office of Child Support Enforcement (OCSE) works under the Administration for Children and Families. The OCSE works with local and state agencies to help parents through the process of child support, including order changes.
Child Support Modification Attorney in Cameron County, Texas
If you are a parent or conservator involved in a child support order, and you want the order modified, you can consult with an attorney to make sure you meet the requirements to have the order modified. Whether you are the parent paying child support, or you are the parent or custodian needing to modify child support it’s always best to have an attorney explain your rights.
At, The Gracia Law Firm, P.C. , we understand that your current situation may not be suitable for you at this time. You need a competent legal counsel who can advise you of your rights. Our firm’s motto ‘We work hard, so you rest easy’ is a reflection of our determination in making our legal services work for you.
The Gracia Law Firm, P.C. works with clients in the counties of Cameron, Hidalgo and Willacy. Call our office at 956-504-2211 or fill out one of our case review forms at the bottom of the page.