Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Experienced Legal Counsel When You Need It Most

Do you need a child support order changed?

On Behalf of | Jan 17, 2021 | Child Custody And Support

When making rulings for child support and custody cases, a Texas judge will consider the income from the parents and the child’s expenses. Over time, most ex-spouses deem it necessary to change the child support order. These changes should be significant and largely influence the child’s life to make a parent eligible for a support modification. Here’s how you can change an existing child support order.

Changing the order by agreement

It’s easier to change the existing child custody and support order when the parents agree on it. Although it may seem easy, the changes should be documented and signed by a judge. However, if you avoid this step, the court will consider that the old order is still used.

Verbal agreements aren’t good since they aren’t official. A new court order is the only requirement for the paying parent to make changes on the child support order; otherwise, the parent could argue that you haven’t been making the agreed amount, and you will have to pay the deficits.

Asking the court to modify the order

Some parents are stubborn and cannot agree to make changes in the existing order. In such a case, you can file a motion citing a change in circumstances and why the current order should be changed. However, the circumstances need to warrant changes. Although the changes may vary, you can cite some of these:

  • There are changes in the child’s needs.
  • There has been an increase in the parent’s income.
  • The parent is no longer employed.
  • The parent is supporting another child.
  • The parent is incarcerated or disabled.

Do you need to modify your child support order? You may want to consult an attorney for more guidance.