Do you find yourself with questions about modifying child support? Child support is set in final orders based on the income of the paying parent and the number children at the time of the orders. But, your child support amount doesn’t have to stay that number forever. Child support can be changed by requesting a child support modification by filing pleadings with the court. If you think you might need your child support modified you should schedule a time to meet with a family law attorney to discuss your current child support questions. To get started thinking about information you need to know about child support modification, here are three questions about child support modification:
1: 3 Years Since the Last Child Support Order
When was child support ordered? If child support hasn’t been modified since your divorce, that date is your starting date for calculating how much time has passed. If your child support has been modified, and it has been three years since the last time the Court entered an order about your child support then you still meet the time qualification. If a new child support amount would be ordered and and it would be different from the last child support calculation by either 20% or $100 from the last amount, the Court may modify the current child support.
2: Material and Substantial Change
Have the circumstances of the child or children or one of the parents changed materially and substantially since the date of the last order or the signing of a mediated settlement agreement or collaborative law agreement? This type of change could be an increase or a decrease in income. If income decreases because of circumstances, there may be a reducing child support modification. Has there been a change of income because of a job loss or job change? Has income increased due to a promotion? If so, you may have sufficient change to allow the court to consider changing the child support amount. An experienced family law attorney can discuss your facts with you and child support calculations as well.
3-Child Support Cap Increase
In September 2013, the Texas Attorney General’s office announced the maximum monthly net income cap to calculate child support was raised from $7,500.00 to $8,550.00. If the monthly income was based on the maximum of $7,500.00 and the child support payor’s income is more than that each month, this may be enough of a change to allow the child support to be modified. In September 2019, the Texas Attorney General announced the maximum monthly net income has been raised from $8,550.00 to $9,200.00 effective September 1, 2019.
Each case is different and the facts have to be considered individually. So, talk with a family law attorney today to see if your child support can be modified. If you like this post, share it via the links below.
You should talk with an experienced Denton County family law attorney if you have child support questions. Set an appointment today with Jill O’Connell at 940-497-5454.
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