Can Child Support Be Modified After a Major Life Change?

 Posted on August 15, 2024 in Child Support

Divorce often disrupts the lives of those involved, including the couple’s children. Child support is a way for the state to make sure that throughout these disruptions, children’s basic needs are not forgotten or discarded. A divorce court will therefore issue a child support order which usually compels both parents to financially support their child. Once they are issued, child support orders are hard to change.

Circumstances evolve, however, and the law understands that significant life changes may affect a parent’s ability to provide child support. In some cases, a change in circumstances may be enough to justify a child support modification, though it still may take a Texas child support attorney to convince the court to do so.

This article will discuss when a life change may be grounds for child support modification. First, however, it is important to understand which factors a judge takes into account when ordering child support in the first place.

How Does a Court Determine Child Support?

A judge will look at many factors before issuing a child support order. Such factors include:

• The developmental and educational needs of the child
• The needs of the parents
• Each parent’s income
• Which parent has the majority of physical custody, referred to in Texas as possession
• The standard of living the child would have if the parents were to remain married
• How the marital assets are distributed between the parents
• The future earning capacity of each parent
• Each parent’s employability

The court’s overall objective is to determine what will serve the child’s best interest and needs.

Can Life Changes Be Grounds for Modification?

Your child’s needs do not diminish just because you experience a change in circumstances. If you or your ex-spouse get remarried, for example, it does not mean the child needs less education or healthcare. However, a judge may agree to do so if you experience a "material and substantial change" in circumstances, like if you suffer a disability that affects your long-term employment.

On the other hand, a court might be more willing to modify a child support order by increasing the amount parents must pay. For example, a child may suffer a disability, require counseling, or need extracurricular education. If it comes to the attention of the court, the judge may order the parents to fulfill the child’s additional needs.

Three-Year Review

There is another way a child support order can be modified without having to prove a "material and substantial change" in circumstances. Under Texas law, a court may modify a child support order if the following two conditions are met:

• It has been at least three years since the order was issued or last modified.
• The modification would differ from the original order by at least 20 percent or $100. For example, if a parent who is paying child support — called the obligor — is paying $300 a month in child support, the new order would have to reflect a decrease of $200 or an increase of $400. By percentage, the new order would need to show a decrease of $240 or an increase of $360.

Contact a Houston, TX Child Support Attorney

Persuading a judge to modify a child support order can be a difficult task, which is why it should be handled by an experienced Harris County, TX child support lawyer. The attorneys at The Cusic Law Firm, P.C. have extensive knowledge of family law and are ready to create a legal strategy tailored to your needs. Call 713-650-1866 to schedule a free consultation with a skilled attorney today.