Can I change my child support?
Life changes. Sometimes even a court order issued a month ago may no longer be suitable for your current situation. This is also true for child support orders. However, just because there is a change, does not mean you are allowed to go back to court and have it modified.
In order to be eligible for review and modification of your current child support orders, you must meet the following requirements:
You need to establish that at least one of the following is true:
The order was modified or established more than three (3) years ago
The monthly amount of child support in the current orders differs from the child support that would be awarded by the amount of (i) 20% or more or (ii) at least $100 from the amount that would have been awarded.
OR
There has been a material and substantial change in circumstances since the last court order was entered.
So what exactly is a “material and substantial change in circumstances”? This means one of the following:
The non-custodial parent’s income has increased or decreased.
The non-custodial parent is now legally responsible for additional children.
There has been a change in the child (or children’s) medical insurance coverage.
The child (or children) has moved to live with a different parent.
See Texas Family Code Chapter 156.401.
A determination of whether or not you fit the requirements is not an easy process and involves detailed legal analysis. You should always consult with an attorney to make sure that you do meet the requirements before you apply.
The content provided in this blog is for informational purposes only. This is not legal advice, and your viewing of this blog does not form any attorney-client relationship.
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