Bryan-College Station Family Law Attorneys Discuss Modification of Child Support Under Texas Law
Texas family law recognizes that the child support determined in a divorce might need to be revisited when a job loss, an illness, or a child's special needs require that the amount be changed. The law says that the Texas child support guidelines are presumed to result in an amount of support that is appropriate and fair. However, a parent who believes that guideline support is too high or too low can ask the court to make an adjustment.
Bryan-College Station family law attorneys at the Peterson Law Group can tell you whether the new circumstances in your case are likely to justify adjustments to an order currently in effect. We can also let you know whether your opposition to a proposed modification will gain any traction with the court.
Bryan-College Station Family Law Attorneys Discuss the Specifics of Child Support Modification
A child support order can be modified if circumstances change (or if enough time passes). A parent who is unable to pay child support because of losing a job or other financial problems can ask the court to modify the support order downward. A parent who is receiving support can ask for an increase based on the other parent getting a better job or otherwise earning or receiving more money, or based on changes in the receiving parent's income or resources.
Pursuant to Texas Family Code §156.401, the court may modify an order that provides for the support of a child if: (1) the circumstances have materially and substantially changed or (2) the current child support order is at least three years old and the monthly support payment differs by either 20%, or $100, from the amount that would be awarded in the guidelines. A parent subject to a child support order may request a review of the ordered child support amounts every three years by contacting the Texas Office of the Attorney General.
Only the Court can modify the child support order. It cannot be done by agreement of the parties. Even If the parties agree to an amount of child support that differs from the guidelines, the court can modify the support order only if the circumstances of the child or other person affected the order have materially changed.
Contact Bryan-College Station Child Support Attorneys
Contact the Bryan-College Station family law attorneys at the Peterson Law Group for an initial legal consultation to discuss modifying child support, either as the paying parent or the receiving parent. You can reach us at (979) 703- 7014 or by filling out our online contact form.