In our economically insecure times, many parents may require changes in their established court-ordered payments. Achieving such a change can be complicated and involve multiple steps, so you should educate yourself before making any decisions.
For instance, you should know which scenarios will justify a child support payment modification. It’s not enough to simply request one. You must also provide reasons why you need to.
Here is a list of scenarios that can warrant an alteration in the amount of money you pay in child support.
Changes in Income
When your income changes on a semi-permanent basis, you may be able to change your child support payments.
If you lose your job or experience a demotion, you can plead to the court. You simply no longer have the resources to keep up with the original rulings.
This situation can also apply to an increase in income. Technically, both parents pay child support, so if you make more money, the other parent can plead for a greater amount of support. Alternatively, you could also have your payments lowered if the other parent makes more money.
Having a New Child
Child support is based on your total number of children, regardless of who the other parent is. This is true whether you have another child through natural childbirth or adoption. If you have a new child, this affects your ability to keep up with the court’s prior rulings.
This situation does not apply if the other parent has a new child with another partner. You are expected to provide for your children, regardless of how the other parent’s family changes.
Changes in Custody
The amount of child support you owe varies depending on how much time you have with your children.
Whenever you have custody of the children, you are spending money on child support. The difference is that you spend that money on them directly. This includes day-to-day needs such as food, clothing, and transportation.
If your percentage of custody changes, then your payments should, too. If you spend more time with them, you should spend less money on child support payments to the other parent. Remember, however, that the opposite is true, too. If you spend less time with the kids, you may be expected to spend more money on child support.
The Other Parent Remarries
Child support payments are determined based on the incomes of both parents. Therefore, if one parent remarries, there could technically be a change in their income. For instance, if the other parent marries someone with a considerably higher income, the court could reduce child support payments.
On the other hand, if the paying parent gets married and their financial circumstances improve or worsen, then again, support payments could go up or down.
Requesting a Child Support Modification in Texas
In Texas, requesting a child support modification is a relatively straightforward process. A parent can initiate the request by filing a Motion to Modify Child Support with their local family law court. When filing, they must provide proof of financial information, such as pay stubs and tax returns. Along with this, you must provide your reasons for the desired change.
After you submit these documents and pay any associated fees, the family court will review your case. You should always include an attorney in this process. They can help you gather the best, most convincing proof of your current circumstances. Additionally, they can help you phrase your request in a way that helps lead to the best results.
Law Office of Mark M. Childress can help you request a child support modification, helping you achieve a better financial situation. For a free consultation, call our office at (817) 497-8148 or contact us online.