What Factors Influence Child Support Modifications in Texas?

After ending your relationship with your child’s other parent, one of you may be ordered to pay child support. How much this is and whether the amount can be changed depends on several things. Here’s what to know about modifying a Texas child support order and how to get in touch with a qualified Houston child support lawyer to get started.

How Is Child Support Determined In Texas?

The amount of child support a payor will owe is calculated based on their total net income and how many children they have. The guidelines are as follows:

• 20% for 1 child
• 25% for 2 children
• 30% for 3 children
• 35% for 4 children
• 40% for 5 children
• >40% for 6+ children

For example, if you are the noncustodial parent of two children and earn $4,000 net per month, you would likely be required to pay $1,000 per month in child support. This applies to the first $7,500 that you make, so anything you earn over that can’t be garnished. But if the recipient can prove your child needs more, you may be ordered to pay an amount over the guidelines. This is usually only as much as your child actually requires.

When Can You Modify Your Child Support Order?

Like child custody orders in Texas, child support orders are usually permanent or at least designed to be until the child ages out of the court system. However, judges know that circumstances change often, and these terms may not continue to make sense over time. State law allows parents to modify their child support:

Three Years After the Order Is Signed

State law allows parents to request a review of their case once three years have passed from the date the judge signed the current child support order. That said, the existing terms of your order will only be changed if the new amount owed would be at least 20% or $100 more or less than the current payment.

It’s important to note that this option is only available to parents who have had their child support calculated by the state. If you and your ex have a private agreement in place, the three-year rule cannot be used to trigger a re-review of your case.

When There’s Been a Substantial Change In Circumstances

If you don’t fall into the first category, you may still be able to modify your child support if you, your ex, or your child have experienced a substantial or “material” change in your circumstances. This includes things like:

Income Changes

Most people don’t have the same income for their entire lives, so this isn’t an uncommon reason to request your child support to be modified. Most payors will do this when their earnings decrease or otherwise change for the worse. You’ll need to prove that you make at least 20% less than you did before. Otherwise, you will still owe the same amount.

If you’re the child’s primary custodian and receive payments, you can also file a motion to update your support order. Typically, parents will do this when they find out their ex is earning more money than originally reported. In your filing, be sure to include evidence that shows their true earnings, such as bank statements, pay stubs, and tax forms.

Incarceration

If the person paying child support is arrested and incarcerated for 180 days or more, this is considered a “material change” in circumstances. In September 2023, Texas ruled that incarcerated payors will no longer be excused from their child support obligations. Instead, their payments will be calculated according to the same guidelines based on their net resources while in custody.

There are a few circumstances in which a payor’s obligation would not be adjusted or reduced, even after incarceration. Payors who are in custody on domestic violence charges or for failure to pay child support will likely continue to owe the same amount and have their resources garnished per state regulations.

Custody Changes

Changes to your child custody arrangements can alter who owes support to whom and subsequently how much should be paid. For example, if you are the primary caregiver and relinquish custody of your child to your ex, your roles essentially reverse, and they would then be considered the primary custodian. You would then owe child support to them.

If you and your ex spend roughly equal time with your child, the court will calculate each of your obligations and contributions to determine which parent should pay. In some cases, child support may not be ordered if both parents are already contributing equally towards their child’s care.

New Children

If the payor has another child, this will change the total amount of child support they owe. For instance, if the payor owes 20% for one child and then has a new baby with an ex, they would then owe 25% for both children. This amount is usually split between the number of children being supported, so each custodial parent would receive 12.5% of the payor’s net monthly income.

Medical Needs

Your child support can also be modified if your child falls ill or has special needs that exceed conventional state guidelines. Caregivers can petition the court for a review of their case and present evidence that the child’s needs have increased substantially. The court will also review the payor’s income to determine what, if any, additional cost they can absorb to help pay for their child’s escalated condition.

Health Insurance

If your ex has health insurance available through their job, you can request that the court order them to put your child on their insurance plan as part of their child support obligation. This is especially true if the plan offers good coverage or the child would otherwise need to be on state-funded insurance.

What Happens If I Don’t Go Through the Court?

If you pay child support and want to change what you owe, you are required to do so through the court system. For example, if you lose your job and are temporarily unable to pay child support until you get another, you still have to file an official motion to update your court order before you can stop paying. If you don’t, the judge presiding over your case could find you in contempt and issue legal penalties against you.

Do You Need a Houston Child Support Lawyer to Modify Your Child Support Order?

If your circumstances have changed and your child support order needs to be updated, don’t wait to get in touch with a Houston child support lawyer. Your attorney can help you gather important documents and present your case in a compelling way to the judge. They will walk you through each step of filing a motion with the court and can advocate on your behalf for the best possible resolution.

No matter what side of the issue you are on, you deserve zealous legal support to protect your rights and the best interests of your child. Contact us at C.E. Schmidt & Associates, PLLC in Houston, TX to learn more about your right to pursue child support modification or to schedule a consultation with one of our experienced family lawyers.