Navigating child support agreements and potential modification suits can be a complex and emotional process for many co-parents. Think about it: The judge overseeing your case already gave formal orders upon the divorce. You, as the paying parent, have every intention of fulfilling those obligations but are suddenly struggling to make good on that promise. Meanwhile, your former spouse knows you are a stand-up person and would never intentionally avoid payments. That said, they need access to those funds sooner rather than later, which has prompted conversations between the two of you about ways to modify child support. But will the judge allow it?
In many cases, yes. Modification suits are a big part of what we do at Nelson Law Group, PC. After all, life is fluid, and the initial court order that once worked for you, your former spouse, and your children may no longer be appropriate. This is where we can help.
To help you understand the process, here is some additional insight into child support modifications.
Why Modify Child Support?
Changes in life circumstances can make existing child support orders onerous and make compliance almost if not impossible. Recognizing this, the law allows for modifications based on several common criteria. Examples include but are not limited to the following:
- Changes in employment status or income
- Adjustments in custody or visitation arrangements
- Parental disability, injury, or active military service
- Incarceration
In these situations, it is essential to remember that documentation is critical. Any modification request must be supported by thorough documentation that proves that a material and substantial change in circumstances has occurred that warrants a change in the child support orders. Generally, only substantial and unanticipated changes warrant a review of the child support unless it has been more than three years since the order was entered. If it has been three years since the last child support order was effective, you can obtain a modification of the amount of child support if the change is equal to a difference of $100.00 per month or 20% change from the current obligation due to a change in the paying parent’s income.
Most adjustments are not retroactive, though. If you foresee a need for a child support modification, it is imperative to act swiftly as Texas law limits how early the court can apply the change child support amount to the date of service of the court papers on the other parent requesting the child support be changed.
Call Nelson Law Group Today!!
Whether you have questions, need advice on gathering the necessary documentation, or require representation, we are here to support you every step of the way. If you are contemplating a modification or simply seeking more information, please get in touch with us. The Nelson Law Group brings nearly two decades of family law experience to every case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
