When the court finalizes a divorce decree, it puts forth orders that both parents must follow. However, there are times when one party or the other may need to make changes to better fit their current needs, as well as the best interests of any children involved.
In Texas, parents can modify child support orders, but the requests must meet certain requirements. If you need to change your current payment, find out how you may be able to do so.
Find out if you are eligible
Texas law grants eligibility for child support modification if either the order began or changed at least three years prior and the amount is at least 20% or $100 different than the desired amount or if you have experienced a “material and substantial change in circumstances.”
What is a material and substantial change in circumstances?
If you are the non-custodial spouse and have experienced significant income loss or increases, the court would consider that a material and substantial change in circumstances. The same goes for the non-custodial parent gaining legal responsibility for other children and a change in any children’s medical insurance coverage. In addition, if a child begins living with another parent, the court considers it to be a material and substantial change in circumstances.
In general, if the non-custodial parent is no longer able to pay the amount required by the child support order, a modification may be necessary. When life changes make it more difficult for you to pay your payment requirements in full, making a change can help.