Law Office of Ellen Dixius

When to modify your child support

Many parents in Texas are not aware of this, but if they experience a life change, they may be able to modify their child support. Forbes asserts that parents can always make adjustments to a child support order. There are some key contributing factors courts take into consideration when deciding on child support payments, so any changes to these factors may be good grounds for seeking a modification.

The top factors used include the number of children, how much time each parent spends with the kids, the income of both parents and spousal support that is also paid to the ex-spouse. Other considerations may include who pays for education, health insurance and other living expenses. This helps to determine what the actual need is and how best to meet it.

Based on this, here are some of the qualifying life changes that may lead to a parent seeking adjustments to the original or must recent agreement:

  •          Becoming disabled
  •          Substantial income boost
  •          One parent losing their job
  •          Receiving a large inheritance

One of the most common life changes leading to a child support modification is changing jobs. FindLaw notes that the change is not automatic. Instead, the non-custodial parent needs to petition the court after accepting the new job to explain the reduction in income. If the non-custodial parent actually receives a boost in their income due to a new job, the custodial parent may petition for an increase in child support payments.

Another common reason a parent may seek modification to a child support order is incarceration. Unfortunately, many parents do not follow through with seeking modification when this happens. This leads to child support delinquent payments adding up while they are behind bars.

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