When you have a child support order, circumstances can sometimes change so that the order needs to be updated. That is called a child support modification. For example, as we discussed last week, some parents might not claim contract work for child support purposes. If you discover that your child’s other parent is doing that, you might decide to seek a modification.
How should I show the change in circumstances?
If you are the one who has had a circumstance change, you will have to provide proof of that change when you ask for the modification. If your child’s other parent asked for the change, that parent will have to provide proof to the court. In either case, you should present the court with any evidence you have that makes your point.
Can child support modification lower payments?
Child support modification can sometimes lower support payments. If the parent who is paying child support lost a job or had a drop in income, the child support order will usually reflect that new income. If you are the paying parent and had something happen, such as a cut in pay, you should seek a support modification as soon as possible so that your child support payments don’t start to go into arrears.
It is vital that you understand the guidelines for child support modification prior to filing a request for it. You must make sure that the request for modification meets the legal standards for a modification and that you serve them to the other parent in accordance with Texas law.
Source: FindLaw, “Child Support Modification Tips,” accessed April. 24, 2015