Child Support Modification LAWYERS IN KATY, TEXAS

Experienced Child Support Modification Representation Fort Bend, Harris, and Surrounding Counties

After a divorce or the first suit, the circumstances that impact the parent-child relationship might change, and these changes often need a revision to the terms of possession and access to the children as well as the amount of child support that is paid.

At Nick Davis Law, our Fort Bend County Child Support Modification Lawyers in Katy, Texas have come across many parents who have previously entered into child support agreements that may not have been in compliance with the Texas Child Support Guidelines or didn’t carefully consider the income earning potential, job stability, and financial ability of the parent to pay child support as ordered. These parents have come to us because they have found themselves in a situation where they are unable to support their children as the court has ordered them to do.

Sometimes as a result of this, a parent will decide to pursue a change in the child support payments, seeking either an increase or a decrease.

A Child Support Modification is not always accessible, and it is not usually given automatically, since in order to seek a modification, certain standards outlined in the Texas Family Code must be completed.

Nick Davis Law, which serves Fort Bend, Harris, Montgomery and the counties in the surrounding area, has experienced Child Support Modification Lawyers that can assist you in determining whether or not you are eligible to file a Child Support Modification Suit.

Nick Davis Law in Katy, Texas provides potential clients seeking a modification of their child support obligation with both a free evaluation of their case over the phone or through a virtual conference as well as flexible payment options.

Call our office at (281) 528-2400 if you have any questions.

Can I Modify My Texas Child Support Order?

A child support order can be modified if it meets one of three criteria:

1. The Modification is Agreed to by All Parties;
2. 3 Years have passed since the entry of the Child Support Order; or
3. There has been a Material and Substantial Change with one of the parties affected by the Child Support Order.

WHAT IS THE 3 YEAR MODIFICATION RULE FOR A TEXAS CHILD SUPPORT ORDER?

If it has been (1) three years since the order was rendered or last modified and (2) the monthly child support obligation is different by either 20 percent or $100 from the amount that would be awarded based on the current child-support guidelines, the court may modify child support without the parties having to show that the child’s or a parent’s circumstances have materially and substantially changed. This is provided that (1) three years have passed since the order was rendered or last modified and (2) the difference is greater than $100.

Parties who initially agreed to a child support obligation that was different from the amount that would have been awarded according to child support guidelines at the time the order was rendered are not eligible to use the Three Year Modification Rule for a modification of the child support obligation.

This means that a parent who agreed to pay an excessive amount in child support well above the child support guidelines will not be able to use the Three Year Modification Rule to reduce the amount of child support they are required to pay unless the other parent agrees, which is highly unlikely to occur.

The same thing would happen if the sum that was agreed upon was insufficient.

In these kinds of circumstances, the only method for a parent to successfully alter the child support obligation is to provide evidence that a significant and material shift in circumstances has occurred.

WHAT IS A MATERIAL AND SUBSTANTIAL CHANGE FOR MODIFYING CHILD SUPPORT?

If there has been a substantial and material change in the circumstances of either the child or a person affected by the order since (1) the date the order was rendered or (2) the date the parties signed a mediated or collaborative law agreement, whichever came first, the court may decide to modify the child support order. The following is a list of material and substantial modifications that is not exhaustive:

•  Parent Freed from Imprisonment

• Changing the Conservatorship – A change in the conservatorship is considered major and substantial if it results in a shift in both the principal home of the child and the amount of care that is given by the parties.

• The amount of child support may be adjusted if it is subsequently found that one of the parents was not the biological father of the child as a result of a change in paternity that was ordered by the court.

• Alterations to the kid’s needs – a rise in the child’s requirements can lead to an increase in the costs associated with meeting those needs, including those associated with extracurricular activities, the cost of meals, school supplies, child care, and other expenditures that are comparable.

• Alterations to the Parent’s Financial Circumstances – Both gains and losses in the parent’s ability to provide for their kid financially are considered to be material and substantial changes.

• The arrival of a subsequent child may be grounds for a reduction in support payments.

• Change in the Cost to Exercise Possession and Access to the Kid – This is something that normally happens if the primary home of the child is further away than it was before, and it wasn’t caused by the parent who is trying to get the custody arrangement modified.

• Alteration to the Benefits accorded to Children with Disabilities

• Alteration to the Parent’s Occupation-Related Responsibilities

• Unemployment or underemployment on purpose on the part of a parent Change in the total amount of possessions owned by the family

• Parental Detention or Imprisonment