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When Can I Ask a Court to Increase Child Support in Texas?

Posted on in Child Support

fort-worth-child-support-modification-attorney.jpgWhen parents of an underage child get divorced or establish a Suit Affecting the Parent-Child Relationship (SAPCR), child support payments become part of a legally-enforceable court order. These orders are an essential part of making sure a child has the support he or she needs from both parents and sometimes, as time goes by and circumstances change, modifying an order is necessary. Understanding when child support orders can be modified is important for avoiding frivolous suits and increasing the chances of your petition’s success. Read this blog for an overview of when child support may be increased, then call an experienced Texas child support attorney for help with your case. 

When Can a Texas Child Support Order Be Modified? 

During a child support review process (CSRP) or court hearing, a judge will examine both parents’ claims and determine whether a change in child support, such as an increase, decrease, or termination, is necessary and appropriate. Generally speaking, child support orders can only be modified in the following circumstances: 

  • A substantial change in circumstances has changed since the original support order was put into place 

  • More than three years have passed since the initial order was modified or put in place 

  • Both parents agree to make the change

The judge will decide whether the proposed changes are in the child’s best interests or are necessary according to the law. 

What Counts as a Substantial Change in Circumstances? 

If three years have not passed since your order was last modified, or if your child’s other parent does not agree to the proposed changes, you will need to show a substantial change in circumstances. 

The most common change in circumstances that results in a change in child support payments is a change in the needs of a child. Medical conditions, educational support requirements, or a major increase in the cost of tuition could all be considered a substantial change in circumstances. 

A significant change in either parent’s income may also be sufficient reason to modify a child support payment. A substantial salary raise, a job loss, or the development of an expensive medical condition on the part of the paying parent may all contribute to a substantial change in circumstances. 

Call a Dallas-Fort Worth Child Support Lawyer

Matters of child support in Texas are complex and not complying with the rules can have hefty consequences. If you are interested in modifying your child support order, call the offices of the Clark Law Group today and schedule a confidential consultation to learn more about your options. Contact us at 469-906-2266. Meetings with our Dallas County child support attorneys ​​are available by phone, online, or in person. 

Source: 

https://www2.texasattorneygeneral.gov/faq/cs-frequently-asked-questions-about-child-support-modifications

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