Are you struggling to keep up with your child support payments due to financial hardship? Or do you believe the current order no longer reflects your child’s needs? You are not alone.
Financial situations change, and child support orders must be adjusted accordingly. Whether you are experiencing a job loss, an increase in income, or changes in your child’s medical or educational expenses, Texas law allows modifications under certain conditions.
At Daniel Ogbeide Law, our family court lawyers in Houston are here to help parents navigate the modification process and ensure that child support obligations are fair and reasonable.
This article explains when a modification is possible, how to request one, and what the court considers when making a decision.
When Can You Modify a Child Support Order?
Texas law allows for child support modifications in two main scenarios:
1. A Substantial Change in Circumstances
If there has been a significant change in either parent’s financial situation, employment status, or the child’s needs, the court may approve a modification. Common reasons include:
- Job loss or a significant pay cut
- A major increase in income for either parent
- A change in the child’s medical or educational expenses
- A change in custody or visitation arrangements
2. Three Years Since the Last Order
If at least three years have passed since the last child support order and the amount that would be awarded under Texas guidelines differs by 20% or $100 from the current order, you can request a review.
How to Request a Child Support Modification in Houston
If you believe your child support order needs adjustment, here are the steps to take:
1. Gather Necessary Documentation
To prove that a modification is necessary, collect supporting documents such as:
- Pay stubs and tax returns
- Medical bills or insurance statements
- School tuition or other educational expenses
- Employment termination notices (if applicable)
- Childcare costs
2. File a Petition for Modification
The parent requesting the modification must file a petition with the family law and litigation attorneys in Houston or directly through the Texas Attorney General’s Child Support Division. This petition should outline the reasons for the requested change and include relevant evidence.
3. Notify the Other Parent
Once filed, the petition must be legally served to the other parent, giving them an opportunity to respond.
4. Attend a Court Hearing (If Necessary)
In some cases, a court hearing is required. The judge will review the evidence, hear both sides, and decide whether the modification is justified.
5. Await the Court’s Decision
If approved, the new child support order takes effect immediately. If denied, the existing order remains in place.
What the Court Considers
When reviewing a child support order modification request, the court examines:
- The financial status of both parents
- The best interests of the child
- Whether the requested change is fair and necessary
- Any existing agreements between the parents
Facing Child Support Challenges? We Can Help
Are you uncertain about your rights regarding child support orders? Have financial changes made it difficult to keep up with payments? Modifying a child support order can be a complex process, but our divorce lawyers in Houston at Daniel Ogbeide Law are here to guide you.
We provide strategic legal support, ensuring that modifications align with Texas laws and your child’s best interests. Contact us at 832-321-7005 to discuss your case and take the right legal steps toward a fair child support arrangement.