Your Essential Guide To Child Support Modifications In Texas

In this article, you can discover…

• The legal grounds for requesting a child support modification.
• The documentation needed for a child support modification request.
• The steps to filing a child support modification request.

What Are The Legal Grounds For Requesting A Child Support Modification In Texas?

If your current child support order no longer reflects your financial situation or your child’s specific needs, you may have legal grounds to request a modification. In Texas, you can typically seek a modification if:

• It has been at least three years since the initial order was granted or child support was last modified.
• The monthly amount of child support awarded under the current order differs by either 20% or $100 from the amount that would have been awarded in accordance with updated child support guidelines.
• There has been a material and substantial change in circumstances affecting your child, a conservator, or another party affected by the initial order.

Additionally, if a child support order was issued by a child support specialty court, it may be modified at any time to provide medical or dental support for the child if the previous order does not already provide coverage as required by law.

What Documentation Do I Need To Gather For A Child Support Modification Request?

A good starting point is any documentation proving material and substantial change affecting someone under the current child support order. Ideally, it would also help if you have evidence that the person obligated to pay child support is earning more than they did when the order was last issued or modified.

However, obtaining this information may be challenging to procure prior to filing the modification. If you’re unable to secure the information beforehand, discovery may be utilized to require the other party to disclose their income.

Additionally, if a child support order was issued by a child support specialty court and does not already include legally required medical or dental coverage, the order itself can serve as adequate evidence for modification.

Attorney Lacinda Brese-LeBron is a compassionate lawyer who has provided thoughtful legal counsel to countless residents in the greater Sherman, Texas area. With her many years of experience, she will do what it takes to protect the welfare of your family.

Still have questions? Ready to get started? Contact Brese-LeBron Law, PLLC today to schedule an initial consultation.

What Are The Steps To File A Request For Child Support Modification In Texas?

A motion to modify will need to be filed with the court that rendered the child support order.

Some individuals who are receiving child support prefer to contact the Office of Attorney General Child Support Division office for the area to try and accomplish this. However, that’s no guarantee that a motion to modify will be filed.

I’ve had clients come to me incredibly frustrated after their motion to modify wasn’t filed. The best way to ensure that your modification request is treated appropriately is to hire a qualified and experienced attorney to file the modification for you.

What Happens If My Ex-Partner Disagrees With The Modification Request?

If your ex-partner is obligated to pay child support and disagrees with the modification request, they can file saying that they disagree with the request and ask that you provide evidence as to why you think a modification is appropriate.

The sort of evidence you would provide might include things like pay stubs, tax returns, text messages talking about changing pay rates, relevant social media posts, etc. Essentially, anything that could indicate a material or substantial change.

If there’s a court hearing, your ex-partner would need to appear to argue their point and provide their own evidence. The court would review the evidence and then make a decision on whether or not the modification request should be granted.

How Will A Pending Modification Request Affect My Current Child Support Payments?

The previous obligation is not lifted when a modification is filed, so payments should continue as usual until the modification request is either granted or denied by the court. If the modification is granted, whatever payments that occur going forward will be in accordance with the new order.

Still Have Questions? Ready To Get Started?

For more information on Changing Child Support Payments in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 865-3803 today.