Child Support Modifications

Child support arrangements are designed to provide for the well-being of children, but life is unpredictable, and circumstances can change. In Texas, if your situation evolves significantly, you might need to request a modification to your child support order. This blog will guide you through common reasons for modification and how to navigate the process effectively.

Common reasons for child support modifications in San Antonio

There are many reasons why a child support modification may be needed. They often arise from changes in financial status or the needs of the child. Here are five common scenarios where a modification might be necessary:

1. A job layoff, termination, or demotion: If a parent loses their job, is terminated, or receives a demotion, their income decreases significantly. In such cases, the current child support amount may no longer be feasible,  which means they need a child support order that reflects their new income. The court will assess whether the reduction in income is genuine and not due to voluntary actions like quitting or being fired for misconduct.
2. A job promotion or raise: Another common reason for child support modifications is if a parent receives a job promotion or raise. If one parent finds out or the other parent wants to contribute more, they may request a modification to increase the child support payments.
3. The child becomes injured, sick, or develops a chronic illness: Significant changes in a child’s health, such as a serious illness, injury, or chronic condition, can increase the financial burden on the custodial parent. If a child becomes permanently disabled or requires special care, a modification may be necessary to provide adequate support.
4. The child’s health insurance plan has changed: Child support arrangements in Texas usually discuss medical and dental care. Therefore, if a child loses health insurance or their health insurance plan is changed, a child support modification may be needed to ensure that the child still receives adequate medical and dental care.
5. The child is visiting or living with the non-custodial parent more: Overtime, visitation and living arrangements between the child and parents may change. For instance, a child who used to primarily live with his mother may now be spending more time with his father, which means that the child support agreement may need to be modified to fit the current visitation or living arrangements.

How do I modify my child support agreement?

There are certain steps you must take to modify your child support agreement, which include:

• Asking for a modification review: You will first need to ask for a modification review. You can do this by using the Attorney General’s website. By entering your information, you are giving Texas the right to review your information and decide whether a child support modification is necessary.
• Providing any additional information: The state may ask for additional information to help them make a decision. During this time, it is important that you respond and promptly provide all requested information, such as income, addresses, health insurance, and more. Your employers and family members may also be asked for information or verification.
• Working with a child support attorney: You should hire a San Antonio child support attorney as soon as possible. They can review all the requested information before you submit it. This may be previous child support orders, child support payments, medical bills or documents, and informal agreements. If you have a substantial life change, an attorney can also help you prove this and show why a child support modification is essential.

After your information is received and reviewed, the state will either approve or deny your modification. If you are approved, you will receive an appointment for negotiations. If you and your child’s other parent cannot come to an agreement about the new child support agreement, you will need to involve a judge and go to court. If you are both able to agree, the new child support order will become effective.

How long does it take to receive a child support modification?

Child support modifications do not happen quickly. The only time the process may move along quickly is if both parents are in agreement and there are no disputes regarding the modification. Most of the time, child support modifications result in lengthy court battles that can take a few weeks or months. Therefore, if you need a child support modification and the child’s other parent is not in agreement, you should remain patient and prepare for the process to take some time. If you and the other parent are on the same page, your attorneys can sort everything out, file the modification, and wait for the judge to sign off on and enforce the new child support agreement.

When can I request another modification to child support?

Another modification to child support cannot be requested unless three years has passed since the last one, or a parent is bringing in an income of $100 or 20% more or less per month than they were at the time of the last modification. Texas does not allow parents to continuously request modifications to agreements that have not been in place long. Therefore, if you think that a modification is absolutely necessary, it is recommended to speak to a lawyer first.

Can I modify past child support payments?

You cannot modify past child support payments or any child support payments you owe. However, if your modification request is approved, the judge may adjust future payments based on the new agreement For instance, if your financial situation changed in June but you file for a modification in August, adjustments will typically start from August.

Do you need help seeking a child support modification in San Antonio? If so, the family law attorneys at Grable Grimshaw PLLC can assist you. Our team knows how stressful and frustrating it can be when a parent disagrees or disputes a modification, but we will do everything we can to guide and support you through the process and fight for your right to a modification. Significant changes are a part of life, which is why we are committed to helping parents navigate the complex process and obtain a modification that fits their new circumstances. Please call our office or submit our contact form to schedule a case evaluation at our office in San Antonio today.