When Can I Seek Modification of a Child Support Order in Texas?

One of the orders a court gives during a divorce is a child support order if the divorcing couple has minor children. It outlines how much is payable and the contribution of both parties towards this obligation. However, life circumstances can change, making it impossible for the parties to keep up with the required payments.

A family law attorney in Bedford explains that when such happens, the affected party can seek modification of the child support order. Texas child support laws stipulate that the changes warranting the modification must be material and substantial. The following are common grounds on which you can seek child support modification:

  • A change in income levels
  • Unemployment
  • Changes in health status that make it impossible to earn in the previous capacity
  • A new marriage that puts additional demands on your income
  • Changes in the child’s life that cause a need for additional support or terminate the need for child support, such as emancipation
  • Changes in child custody and access arrangements

What is the Legal Framework of Modifying a Child Support Order?

A Bedford child support lawyer says that child support modification is based on the Texas Family Code. According to the Code, you can initiate a modification order within a year of the current order if you experience changes affecting your ability to remit the payments.

You and your child’s other parent can agree to modify a child support order, which will then be approved by the court as long as it is in the child’s best interests. A modification petition should account for the child’s:

  • Physical health
  • Emotional well-being
  • Mental well-being
  • Long-term health

The child’s best interests are paramount in modification cases, especially if a child custody modification request accompanies a child support modification. The request must account for:

  • The relationship between the child and each parent
  • The child’s age
  • The child’s preference
  •  Each parent’s home stability
  • Any history of abuse or neglect

What Are the Steps Involved in the Modification of the Order?

Before filing a child support modification petition, it’s crucial to understand how the process works. Seeking the help of an experienced child support attorney in Bedford can increase the likelihood of a favorable outcome. They can guide you to ensure you follow all procedural rules and meet the legal requirements.

Each case is different, but the following is the general procedure for modifying a child support order:

Continue Paying Child Support

Before you can embark on the legal journey of modifying child support, ensure you keep up with your obligations under the existing child support order. You must continue paying until the court approves your modification request, failure to which you risk hefty legal consequences. Applying delay tactics or not paying at all is unlawful and could lead to:

  • An enforcement action by your child’s other parent, such as wage garnishment or property lien
  • Being forced to pay back payments, attorney fees, and interest
  • Other penalties the court deems suitable for contempt of court

You also risk making a poor impression of yourself on the judge hearing your modification case, which could dramatically impact the outcome.

Submit a Review Request

Once you determine you are eligible to request modification of the child support order based on material and substantial changes, file an official request for review to the Office of the Attorney General (OAG), Child Support Division. A child support lawyer in Bedford says the document notifies the office of your request to modify the existing order for specific reasons.

It’s vital to file it as soon as substantial changes occur to avoid falling behind on your payments. An official at the OAG will review the request and determine whether a modification is warranted.

Gather Evidence to Support Your Request

The success of your modification request largely hinges on the evidence you provide supporting your request. You need documentation to prove a change in your circumstances. Relevant documents that may serve as evidence include pay stubs, medical or educational expense receipts, property documents, and tax returns.

File a Legal Petition

If the review process doesn’t sufficiently address your request, you can file a formal petition in a family court. Consider enlisting the help of a skilled family law attorney in Bedford to help you navigate the nuances of the court process. They can prepare the petition, organize your documentation, and represent you during court hearings to uphold your interests.

Attend a Court Hearing

During the court hearing, you and your ex-spouse can prove why the modification should be granted or denied. After considering various crucial factors, the judge will review the arguments and decide the outcome. Presenting a compelling argument boosts the likelihood of securing the outcome you desire.

The modification can be temporary or permanent, depending on the nature of the change of circumstances. Once it is granted, you’ll be at peace knowing that you can provide for your child within your means without risking legal consequences for violating the initial child support order.

An Experienced Family Law Attorney Helping with Child Support Modification

The inability to honor child support payments can be overwhelming, but the good news is that you can request a modification of the initial order. The process can be daunting, but an experienced child support attorney in Bedford can walk with you, providing legal counsel, guidance, and representation while working towards a favorable outcome.

Cutrer Law Group is a reputable family law firm with a dedicated child support lawyer. We can help you work out a child support and custody arrangement in favor of your child’s best interests. If you’re grappling with child support modification, we can review your case and help you pursue an amicable resolution. Call us at817-854-1651 to schedule a case assessment.