Modification of Child Support
It is possible for spouse's financial circumstances to change after a divorce, in a way that affects the amount of
child support that is being paid or received. For this reason, there are guidelines in Texas law that enables parents to modify child support payments. In order for the court to modify their original child support order, the parent requesting the modification must provide proof of material and substantial changes in their life that would warrant lowering child support payments. These changes could involve either parent and include:
- Loss of a job or being demoted
- Obtaining a new job or getting a promotion
- A change in custody
- A change in the visitation schedule
If a factor has occurred that has significantly impacted your income, such as being laid off, and it something that is beyond your control, the court will usually grant a temporary change in child support
payments, provided you have evidence that you have diligently been seeking employment. Even if changes have occurred, your current payment level will remain in effect until a Motion to Modify Child Support is filed with the court.
An attorney will review your circumstances, advise you on what documentation you will need to prove your case, and then file that motion for you with the court. You can also request a modification of child support once every three years if the new amount would differ from the old amount by $100 or more or a certain percentage. You can do this without having to prove a material and substantial change in circumstances. We can help you by reviewing the order before you request a hearing with the court.
Why You Should Never Stop Paying Child Support
It is in your best interest to file your motion to modify child support with the court immediately. Do not stop paying child support. Non-payment automatically triggers the creation of a judgment against you for being in arrears. You may even be sent to jail. Non-payment of child support in Texas is a very serious matter. A person can even be criminally prosecuted for what is referred to as criminal non-support. A person can lose their professional license and even their driver license. Whether you are a parent who is having difficulty making child support payments, or a parent on the other side who is not receiving the monies you need to provide for your child, our firm is committed to resolving the matter and putting the needs of your child first, while protecting your rights.