28 Jul How to Modify Your Child Support Order When Circumstances Change
Life rarely stays the same, and changes in your financial or personal situation can make your current child support order no longer fair or realistic. In Texas, it is possible to request a modification, but you must follow the proper steps and meet certain requirements. Understanding when and how to make changes can help you protect both your rights and your child’s best interests.
When You Can Request a Modification
You can request a change to your child support order if:
- It has been at least three years since the order was established or last modified, and the new calculation would differ by either 20% or $100 from the current amount.
- A substantial change in circumstances has occurred. This could include:
- A significant change in income (loss of a job, promotion, or new employment)
- Changes in custody arrangements
- Increased medical or educational expenses for the child
- A parent becoming disabled or seriously ill
The change must be significant enough to justify a new calculation.
How the Process Works in Texas
To modify a child support order, you typically must file a petition with the court that issued the original order. You will need to explain the reason for your request and provide documentation to support it. Common supporting documents include:
- Recent pay stubs or tax returns
- Proof of medical expenses
- Evidence of changes in custody or visitation
- Documentation of changes in the child’s needs
Once your petition is filed, the other parent will be notified, and a hearing will be scheduled. At the hearing, both sides can present evidence, and the judge will decide whether to approve the modification.
Why Legal Guidance Matters
While it is possible to file for a modification on your own, working with an experienced family law attorney can make the process smoother and increase your chances of success. An attorney can help you gather strong evidence, present your case effectively, and ensure all paperwork is completed correctly.
It’s important to remember that until the court officially changes your order, you must continue paying the current amount, even if your financial situation has changed. Failing to pay could lead to penalties, including wage garnishment, fines, or even jail time.
Protecting Your Child’s Best Interests
A child support order should reflect your child’s needs and your financial situation as they are today, not years ago. If your circumstances have changed, taking action can ensure your child is supported in a fair and balanced way.
At Navarrette Family Law, we help parents navigate the process of modifying child support orders in Texas. If you believe your order no longer fits your situation, schedule a consultation with our team today to discuss your options.