Changes in circumstances can make it harder for parties to comply with their child support obligations. There may be a change in the needs of the child or a change in the financial circumstances of the parent. These changes may force a party to seek a modification of child support.
You can also request child support modification if there is a change in the custodial arrangement or when the child becomes an adult. Parties can request for the child support amount to be reduced or increased when they file a motion for modification.
Page Contents
Filing For Child Support Modification In Texas
How Often Can Child Support Be Modified In Texas
Even when a party’s circumstances change, they are still obligated to continue paying the same amount for child support as specified in the current court order. For this reason, you need to file a petition for modification of child support as soon as possible. This is because in most cases you cannot modify child support retroactively.
But a court may allow for a new child support amount to be applied retroactively to the date your ex-spouse is served with the petition if you lost your job involuntarily. This new amount may be applied gradually for a period of up to one year if the modification is significant. You need to file for a modification as soon as possible to reduce the time period within which you have to pay the current amount of child support.
Reasons To Modify Child Support
You can only change the amount of child support you must pay through a petition. The amount doesn’t change automatically whenever there are new developments in your circumstances. For instance, you have to file a petition to stop paying child support when your child reaches the age of 18.
Your child’s transition into adulthood is a significant change in circumstances but this change does not automatically end your child support obligations. To avoid overpaying child support, you need to file your petition for modification before your child ages out. Failure to file before your child reaches adulthood means you will have to continue paying child support until the child support order is issued.
You will not get any refunds for overpayment of child support.
Filing For Child Support Modification In Court
Do I Need A Lawyer For Child Support Modification
Parents can re-negotiate child support and modify it in a way that serves both their and the child’s interests. But they must do this through the court because child support is enforceable through the court. Any agreement that is not reviewed in court will not be enforced by the court.
A formal court proceeding leads to a formal court order that clearly spells out the obligations of each parent as far as child support is concerned. An experienced Texas family law attorney can help you gather all the documents you need to file for a child support modification.
These documents include:
- The current child support order
- Proof of payment of expenses for the child
- Proof of income and more
Your divorce attorney can help you to calculate your child support correctly and evaluate your cases and answer your questions about the options you can explore.