- If there is a material and substantial change in circumstances for either parent or children
- If it has been three years or more since the order to be modified was rendered and the monthly amount of support ordered differs by $100 from the amount that would be awarded
At Scott M. Brown & Associates in Pearland, we understand the fluid evolution of people’s lives and their needs as time passes. Changes may occur months or years after a divorce decree is finalized, but it is imperative that you seek representation from a skilled and thorough family law attorney before petitioning for a modification or if you intend to argue against a modification.
Any modification to your child support agreement can have profound effects on your finances and your children’s lives. At a minimum, you should always review the legal consequences of modifications with an experienced lawyer.
What Is A Substantial Change In Circumstance?
A substantial, unanticipated change may include:
- A change in one parent’s income
- A parent’s job loss
- Promotion or a higher-paying job
- Substantial inheritance
- Child custody, visitation or other changes to the parenting plan
It is also important to know circumstances in which the court typically will not allow child support modification for anticipated changes such as:
- A parent’s decision to voluntarily leave or quit one’s job
- Seasonal or temporary employment changes that were known when the child support order was created
Exceptions exist in every case. If a parent has a good reason to leave a job for quality of life purposes, illness, injury or other family matters, an exception to support modification may be justified.
Modifying A Child Support Order In Texas
In the Houston area, our child support modification attorneys can help you file a petition documenting the substantial change of circumstances influencing your petition. We can guide you through the process of modifying the child support worksheet and represent your best interests if a hearing is required.
It is ill-advised to informally modify child support payments. Without the formal process, child support payments cannot be enforced by the court. In such a case, both parents and children would suffer financially if there were ever to be a disagreement about payments. If court action became necessary, back payments may be ordered based on the original support order amount.
Get Dependable Guidance And Representation
Contact us to schedule a consultation with an attorney at 979-849-8526. We represent clients seeking to modify orders and clients seeking to prevent modification.