Can you get a child support increase?

How do you know if you can increase your child support? If you are a divorced parent receiving child support, you may be entitled to a child support increase.  The child support amount you receive was most likely set at the time of your divorce based on all of the circumstances at the time including the number of children needing support, the income the child support was based on and the number of children the other parent is obligated to support.  Child support can be increased after divorce for specific reasons and it is good to take a look at it periodically to see if it is time to increase the child support you receive.  Child support can also be decreased , and today we’ll talk about the things to think about for an increase in child support.

Time and Income

If it has been three years or more since your child support was set by a final order, you can request that the Texas Attorney General’s office start the process to modify your child support.  If the difference in child support would be 20% or $100, then the child support can be changed and modified to the new amount.  The process involves the Attorney General’s office getting the current income information for the child support paying parent, determining what the current child support amount would be and then comparing the two amounts. It works pretty quickly if the parents agree, and will take longer if the parents don’t agree and there needs to be further meetings and hearings.

Change in Circumstances

If there has been a big change in the circumstances of the paying parent or the receiving parent, there can be a child support increase.  The statute uses the words ‘material and substantial change’ which can be hard to describe in real life.  Some examples of this would be if there was a change in living arrangements or a change in number of children being supported.  One of the ways that can happen is when a child or children move and are now living with the parent who is receiving child support and earlier lived with the parent paying child support.  Another example is when a shared custody arrangement with minimal child support has to change due to one parent having to move and no longer being able to make the possession schedule work in the same way.

Find a lawyer

These are just a few examples, not legal advice, and your situation is unique.  If you think that you may be entitled to a child support increase, or that it may be time to take a look at it, please talk with a family law attorney about your situation.  She will visit with you and advise you based on your situation.

Jill O’Connell, 940-497-5454