Texas family court recognizes that life changes can constitute child support modification.
Consider what the court requires for a modification and how that may apply to your case.
Circumstances permitting child support modification
In Texas, either parent can request a modification of a child support order under two conditions. One, if the non-custodial parent’s income increased or decreased by 20% or $100, and three years passed since the first order, you can request to modify payments. Two, a material and substantial change in circumstances occurred since the last modification of child support.
Understanding material and substantial change in circumstances
Life is unpredictable, and changes can happen that make a child support order unworkable. The law refers to “material and substantial change in circumstances” to assess any situation that may warrant a new order. This includes:
- A change in the child’s medical insurance coverage. If the non-custodial parent lost health coverage for the child, a modification is necessary to help the child.
- The non-custodial parent’s income changed. This can include job loss or a promotion. A higher salary would constitute an increase in payments, and a lower salary would warrant a decrease.
- The child moved in with a new guardian or parent. If the child’s living arrangements change, the current would need an update to reflect the move.
Non-custodial parents sometimes remarry and have more children, which also qualifies as a material or substantial change in circumstances.
In any case, the child’s best interests are the court’s top priority any time a parent requests a modification to support orders.