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When a prospective client visits the Law Office of Bryan Fagan to request a modification of their Texas child support order, the reason is typically a significant change in circumstances, such as a shift in income that necessitates a reduction in monthly support payments. Our family law team has extensive experience navigating this process and understands how crucial it is to educate individuals about the steps involved in making these changes. We are committed to guiding clients through the process to ensure a fair and efficient outcome.
Child Support Modification
File a petition to modify in the jurisdiction where the initial order was issued to start the process. It’s worth noting that the Law Office of Bryan Fagan, PLLC serves various southeast Texas counties, including Harris, Montgomery, Ft. Bend, Liberty, Waller, and Galveston.
Texas law permits child support order modifications under two circumstances:
1. If the support order is over three years old, and the new monthly child support amount, calculated using the statutory guidelines in the Texas Family Code, differs by at least 20 percent or $100.
2. If the petitioner can prove a material and substantial change in the circumstances of one or more parties since the last child support order or the signing of a mediated or collaborative law settlement agreement on which the order is based. Alternatively, they can demonstrate substantial changes in the circumstances of the child(ren).
Change in Circumstances
What constitutes a material and substantial change in circumstances? While the law doesn’t provide an explicit definition, some common scenarios that may lead to child support modification include:
– Job loss
– Significant income change for the paying parent
– Legal responsibility for additional children not included in the current case
– Special needs of the child (e.g., medical, educational, or psychological)
– Alterations in the living arrangements of the child(ren)
It’s important to note that child support modifications do not occur automatically. A court order stays in effect until a judge signs a new order. Texas Family Code stipulates in Section 156.401(a-2)(b) that a support order can only be modified concerning future obligations after one of the following events takes place:
– The date of service of citation
– An appearance in the suit to modify
Essentially, you can request a change as soon as legal papers notifying your ex-partner of your intent to modify child support are served. If you delay this process and your ex-partner does not agree, your obligation can only be altered as explained earlier.
Conclusion
In conclusion, modifying a Texas child support order is a process that requires careful consideration and adherence to legal guidelines. Whether due to a change in income, a shift in circumstances, or other factors, it’s crucial to understand the necessary steps and the potential impact of the child support modification. With the right legal guidance, parents can navigate this process smoothly and ensure that the new child support order reflects their current situation. At the Law Office of Bryan Fagan, we are here to provide the support and expertise needed to help you make these important changes effectively.
Contact the Law Office of Bryan Fagan
At the Law Office of Bryan Fagan, PLLC, our attorneys are well-prepared to handle your modification case. Feel free to contact us to learn more about how we can assist you.
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- Navigating Child Support Modifications: A Comprehensive Guide
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- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
- Why Ignoring Child Support Obligations is a Bad Idea in Texas
- Texas Child Support – Trust and Annuities
- Special Needs Children in Texas Child Support Cases
- How to get above guideline child support.
Law Office of Bryan Fagan, PLLC | Spring, TX Child Support and Custody Lawyers
Our Spring, TX Child Support and Custody Lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
