When determining the amount of child support, the court factors in the financial position of the responsible parent. However, a lot could change that may warrant a revision of the child support orders.
The law is aware that such developments may occur, and it allows for a modification of child support orders. If you wish to revise your child support payments, here is what you need to know.
When can you modify child support orders?
Under Texas law, child support modification is possible under either of the following conditions.
- The order was issued or last modified more than three years ago, and the monthly amount of child support differs by 20% or $100 from the amount that would have been awarded according to child support guidelines.
- A change in circumstances of the child or the party affected by the orders. These include things like a change in the parent’s income or in the number of children they’re supporting.
Remember, you have to follow due process when modifying court-issued child support orders. Informal agreements between parents are not enforceable.
How to change a child support order
When seeking to modify child support orders, you can choose to have a negotiation known as the Child Support Review Process (CSRP). Here, a child support officer will negotiate a deal in the presence of both parties. If both parents agree, the order will be forwarded to the court for approval.
Alternatively, you can go to court to modify a child support order if CSRP negotiations are not a viable option. A judge will determine the matter based on the available evidence and issue new orders if the reasons are valid.
You may need evidence to back your claims
Modification of a child support order is not automatic just because your circumstances have changed. You need to bring these changes to the court’s attention and show that a modification is necessary. Learning more about how everything works can help ensure a smooth and successful modification process.