Texas family law cases can be difficult; disputes may happen while the case is in progress or after it has been completed. An example of the latter is with child support if the custodial parent who receives child support or the non-custodial parent who pays it wants to modify the order.
Key considerations with child support modification
It is important to understand the process of asking for a child support modification. If the paying parent has a change in his or her income or the child’s needs change, then there may be a modification granted by the court. Losing a job or having diminished income are two examples. For the custodial parent who is receiving child support payments, a sudden medical issue that is not covered by insurance or the need to pay more for child care can spur a modification.
In Texas, a modification request can only be made three years after the order or a previous modification. The amount will also be a factor, and the state guidelines will be assessed when making the determination. If these guides do not apply, a substantial change in circumstances can warrant a modification.
Legal assistance may be important
It is wise to remember that the court will not look kindly on a frivolous request for a modification. If the request is made to buy something the child does not need, the court is unlikely to modify the order. From either parent’s perspective, the court will investigate the evidence that the modification is necessary. It is imperative that a child’s needs be met and his or her best interests adhered to. When a parent insists that a child support modification be granted, having legal advice may be critical to having the order changed.