In almost every family law matter, be it the divorce suit or a child custody modification suit, there is typically a concern about future child support.  It doesn’t matter if the party is to receive the child support or is to pay it, they are concerned about changes in the future.  For the person receiving child support the concern is, “what happens when the get a raise or get a better job?”  Not surprisingly, the parent paying child support asks, “what happens if I lose my job or my salary is reduced?”  The most common advice that the experienced Bryan | College Station Child Support Modification Lawyers at Nick Davis Law provide to our clients is to focus on the facts that you know now when determining child support agreements.  These cases are stressful enough without having to exhaust your brain by considering every potential “what if” that might happen in the future.  Make the best decision with the information you have now, but rest assured that there is an opportunity to Modify Child Support, either up or down, based on the Texas Family Code.

If you are interested in trying to increase or decrease a Child Support obligation, contact the trusted Bryan | College Station Child Support Lawyers to discuss your options in modifying child support in Brazos and surrounding counties.

Nick Davis Law in Brazos County offers all prospective Child Support Modification clients a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (979) 417-2220.

Can I Modify My Child Support?

Short Answer is, yes, but there are some requirements.

First, the suit to Modify Child Support must be filed in the same court that render the most current order.  Usually that order is the Final Decree of Divorce, an Order in Suit Affecting the Parent-Child Relationship or the most recent Order in Suit to Modify Parent-Child Relationship.  The court that entered this order is deemed to have Continuing Exclusive Jurisdiction under the Texas Family Code in Sections 155.001 (c), 155.002,155.003(a), 156.001, 159.205. 

Meet one of the 3 Grounds for Modifying:

• The Parties Agreement
• The 3 Year Modification Rule
• Material and Substantial Change

Agreement of the Parties

This is pretty self-explanatory.  In a Texas Child Support Modification Suit, the court will enter an order modifying child support regardless of when it is submitted if the parties agree AND the court believes it is in the best interest of the child.  In practice, if the parties agree to the proposed Child Support Modification Order, the court will almost always approve it.  If some of the changes are a little detailed such as flipping custody, or changing to a 50/50 possession schedule, it helps to have an Experienced Family | Child Support Lawyer that can walk the order through and explain it to the Bryan | College Station, Brazos County Judges.

3 Year Modification Rule

In general the court can modify a child support order without the requirement of finding that there was a Material and Substantial Change if at least 3 years have passed since the most active order was rendered and the monthly child support differs by either 20% or $100 from the amount that would be awarded under the current Child Support Guidelines. 

However, if the parties to a Child Support Order, agreed to the Child Support Obligation that is different from the amount that would have been ordered according to the Child Support Guidelines, the 3 year rule doesn’t apply.  In this circumstance, the party seeking to change their child support obligation must allege and prove that there has been a Material and Substantial Change following the entry of the previous order.  This is why it is crucial that you hire a qualified Family Law | Child Support Lawyer to help you before entering into any settlement agreements in your family law matter in Brazos or surrounding counties.  Our Bryan | College Station Child Support Attorneys | Family Lawyers at Nick Davis Law will analyze your financial circumstances to maximize your ability to seek Child Support Modification relief later in the event it is needed.

Material and Substantial Change

If the parties cannot agree to a modification of the child support order and the previous order was agreed to, the only option left for most individuals is to assert that since the entry of the previous order there has been a Material Change in circumstances of one of the parties which requires modification. What constitutes a Material and Circumstantial change can be extremely broad and in many cases is only limited by the creativity of your chosen Bryan | College Station Child Support Lawyer | Family Law Attorney.  Below are a list of some of the most common “Material and Substantial Changes” alleged:

• Substantial increases or decreases in a parent’s income;
• Job Loss
• Remarriage
• Birth of Additional Children to the Parent Paying Support;
• Changes in the Child’s Residential Location;
• Health Insurance affordability and Availability.
• Military Service
• Release from Incarceration
• Change in Paternity
• Change in Conservatorship
• Change in the Child’s Needs
• Change in the cost to exercise possession of & access to the child
• Change in child’s disability benefits
• Change in amount of possession

To Learn More about your ability to Modify Child Support in Brazos, Grimes, Waller, Washington & Surrounding Counties contact our experienced Bryan | College Station Child Support Modification Lawyers to develop a strategy to achieve a proper child support payment.