Can Child Support Be Modified After a Texas Divorce?

 Posted on March 17, 2023 in Child custody

During a divorce in which a couple has children, the court will decide on an amount of child support that one parent will pay to the other. This amount is meant to ensure that both parents are contributing to the children's needs, and it is based on the income earned by the parent paying support, as well as other factors. Courts make determinations based on what is in the best interests of the child, although a judge will also consider the parents' circumstances, as well as issues like the costs of transporting children between the parents' homes and expenses related to child care while a parent is working.

While child support orders are meant to stay in place until children reach adulthood, life does not always stay static, and it is possible that the circumstances of one or both parents may change significantly after the initial ruling. Because of this, parents may wonder if they can modify child support payments after their divorce has been finalized. Fortunately, the laws in Texas provide for the ability to modify child support payments if certain conditions are met.

When Can Child Support Be Modified?

In Texas, the court can modify a child support order if there has been a significant change in circumstances since the original order was entered or if at least three years have passed since the last modification. There are several different situations that could qualify as significant changes, including the loss of a job, a substantial increase or decrease in income for other reasons, changes in child custody arrangements, or significant health care needs for either parent or for a child.

How Can a Modification Be Requested?

To request an adjustment to a current child support obligation, a parent must file a petition for modification with their local family court. In this petition, a parent will need to state the reasons the modification is necessary, and they should also include supporting documentation, such as pay stubs or tax returns that show a change of income. After reviewing the petition, as well as any information provided by the other parent, a judge will then decide whether there is a valid reason to modify the amount of child support that will be paid. 

How Modification Requests Are Addressed in Court

In a hearing to determine whether a child support modification request will be granted, a judge will look at the information provided by both parties to determine whether granting the modification request would be in the best interests of the children. They will consider whether there has truly been a substantial change in circumstances and whether adjustments to child support will meet children's ongoing needs.

In general, a parent's requirements to pay child support will be based on the income they earn, as well as the amount they should be able to earn. While the loss of a job may affect a parent's ability to pay, they will still be expected to maintain employment and earn an income based on their employment history and skills. If a judge determines that a parent is voluntarily unemployed, a modification request may be denied. However, if the reason for a job loss is legitimate, a temporary modification may be granted until the parent can find a new job. If the parent's ability to work has been permanently affected by a disability or other issues, a permanent modification may be allowed.

Modifications may also be based on other factors, such as changes in child custody arrangements. If one or more children will be spending increased amounts of time with a parent who currently pays child support, that parent's obligations may be reduced, or the other parent may be required to begin paying child support. Parental relocation may also be a reason to modify child support, although issues such as the costs of transportation for children may play a role in determining the amount that will be paid.

Contact Our Tarrant County Child Support Modification Lawyer

Child support can be modified after a divorce in Texas under certain circumstances. However, it is important to understand that existing child support orders will remain in place until modifications are made by a family court judge. Child support obligations must be paid, and any missed payments will continue to be owed, even if child support is changed at a later date. Parents may be able to agree on appropriate modifications, and a judge may consider this agreement, but they will ultimately make a decision that they believe is in the best interests of the children, and the parents will be required to follow it.

If you have questions about modifying your existing child support order, then it is best to consult with an experienced Hurst child support attorney who can explain your options clearly and help you navigate the process of requesting a modification. To learn how Daniel R. Bacalis, P.C. can assist in these matters, contact us at 817-498-4105 and schedule a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm

https://www.texasattorneygeneral.gov/child-support/paying-and-receiving-child-support/get-back-track/employment-changes