Child support orders are intended to last indefinitely, but circumstances in your life can change as time passes. To adjust to these life changes, The Texas Family Code allows for the modification of child support orders in certain cases.
At Barton & Associates Attorneys at Law, PLLC, we can help you make your case that the existing child support order is no longer fair or adequate. Modification is possible, and we have the experience to make a strong case on your behalf.
When You Can Request Child Support Modification in Texas
Chapter 156 of the Texas Family Code outlines:
- A parent can request a modification if three years have passed since the last order and the monthly child support obligation differs by either 20% or $100 from the amount that would be ordered today under the current guidelines.
- A modification can also be requested at any time if there has been a material and substantial change in circumstances since the last order.
The change in question could impact one of the parents or the child. The most common example is a shift in the non-custodial parent’s earning power. If that parent loses their job, they may find themselves suddenly unable to pay their obligation each month.
Note: The opposite could also be true. If the non-custodial parent gets a raise, it may be appropriate to alter the terms of the order so that they pay more each month.
Finally, circumstances related to the child could also make modifications necessary. For example, a juvenile who develops a serious illness might require more financial support to get the care they need.
Examples of “Material and Substantial Changes”
The most common examples include:
- A significant change in the income of either parent.
- Changes in the child’s needs (medical, educational, etc.).
- The noncustodial parent becomes responsible for additional children.
- The child’s primary residence changes.
Filing for Modification
Either parent can file a petition to modify child support in the same court that issued the original order. The parent requesting the change must provide evidence of the material and substantial change or meet the three-year threshold. Our firm understands when modification is appropriate, and we can help you pursue legal action that results in a fair outcome.
Reach Out for Help With Modifying Child Support Order
If you believe your current child support order is no longer reasonable, you have the opportunity to request the court to modify its terms. You will generally need to show that there has been a material change in circumstances to qualify.
At Barton & Associates Attorneys at Law, PLLC, we have a track record of success when it comes to modifying these obligations. You have the chance to secure a fair outcome with our help, and we will aggressively pursue results on your behalf. Contact us as soon as possible to schedule a private consultation.
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Former Felony Prosecutors
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Gary J. Barton has worked in numerous District Attorney’s Offices throughout the country. As a former Major Crimes Prosecutor handling Capital Murders, Murders, and Heinous Crimes, Mr. Barton has seen almost every type of accusation.
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