How to Modify Your Child Support Agreement in Texas
Child support can be a tricky topic. Between the legalities and the emotional toll it takes on families, it can be overwhelming. If you already have a child support agreement in place but feel it needs to be changed or altered, you will need to modify it. This essentially updates your child support agreement to reflect new changes that may have occurred during either of your lives.
Due to the complex nature of divorce and child support cases, hiring an El Paso family lawyer from Rios, Parada, & Seañez is a wise choice to ensure the child’s needs are met within reasonable guidelines.
Reach out to our El Paso law firm today to schedule your initial consultation with our reputable family law attorneys — (915) 532-2333
When Should I Get a Child Support Modification?
There are certain circumstances where a child support agreement modification is recommended. A custodial or non-custodial parent can petition the court for modification. The non-custodial parent is the parent who has the least amount of physical time with the child or children and often pays child support. The other parent is responsible for the daily cost of the child’s upbringing. This is important because if a change of income is present, then a modification may be necessary.
Some examples of circumstances where a modification should be evaluated are:
- An increase in income due to a promotion, job change, or inheritance
- A decrease in income due to unemployment, job change, change in hours, or retirement
- Incarceration
- Changed needs of the minor or children, such as expensive medical care, extracurricular activities, educational needs, etc.
- Additional children/expanding family
How Do I Know If I’m Eligible For A Modification?
The best step to take is to consult your legal team so the full child support case can be evaluated with recommendations. The state of Texas identifies a few eligibility requirements for modification, including if the order was updated or created more than three years ago and/or if the amount of child support differs by 20% or $100 from the potential awarded amount. An additional requirement is if there has been a large change in circumstances from the last order. Examples can be found in the above list.
How Is Child Support Calculated In The State Of Texas?
The Texas Office of the Attorney General offers a monthly child support calculator online that can help determine payments. It should be noted that the calculator is only used for those with whom the custodial parent has one source of income. Otherwise, net monthly income will need to be calculated.
Below are some examples of gross income:
- Self-employment
- Interest
- Dividends
- Rental income
- Severance Pay
- Retirement or unemployment
- Disability
- Workers’ compensation
How Do I Start With The Modification Process?
Changing a child support course order can only be changed with an in-office negotiation, also referred to as the Child Support Review Process, or through a court hearing. Only one modification should be completed to prevent delays. There will then be a review of documents and information from both parties.
Child Support Modifications in El Paso
Before filing for a child support modification, speak with the El Paso child support lawyers at Rios, Parada, and Seañez. We will ensure you have all the proper documentation for your case. We advocate for families in and around the El Paso area to make the legal process as easy as possible for all parties. We want our families to have the best outcome.
Since income and assets will be reviewed by the court, we can help you get the proper information together to make the modification process easier, so you can focus on your family. Contact our office today to get started!