Circumstances change – even when it comes to child support. You may be eligible for what’s known as child support modification. Here’s the process and how child support modification works in Texas.
Material and Substantial Circumstances
There are specific circumstances that grant you eligibility for applying to modify child support. This substantial change can happen to either the child or the parent or guardian. You can petition for the modification when the child has either special medical, educational or psychological needs; moves to a new living arrangement; or has a change in medical insurance or coverage.
The eligible changes for the non-custodial parent can be the loss of a job, receiving a substantial raise or cut in their pay, receiving a financial benefit like an inheritance or becoming fiscally responsible for another child.
Modification in Texas
Child support modification can occur every three years or when there has been a substantial and material change in circumstance. You may be eligible for a change is the monthly amount of the order is either 20% or $100 different from the amount of money that would be awarded.
How to File for Modification
There are two ways to file for child support modification. First, you can go through the Texas child support review process. This will be faster and easier to file if both you and the other party agree. Second is to go through the court. This is necessary if three years have passed and there has been a substantial or martial change in circumstance and you and the other party cannot come to an agreement.
This is a much harder and longer process, but it is best to come to an agreement that is in the best interest of the child.
Modifications of child support can only be made in a new court order. It is very important that any agreements to change the amount paid to child support are paid and recited in a new court order. If both parties disagree on the change of the amount, then the dispute will have to be taken to court.
It is possible that you can avoid going to court in special circumstances. If your judge gives you a cost of living order, then the child support amount will adjust and fluctuate with the current cost of living, as determined by the Consumer Price Index.
If you are in need of an attorney to help you with the child support modification process, contact Bineham & Gillen today.