Child Support Modification

In the state of Texas, all non-custodial parents of children up to the age of eighteen or who have not left high school are required to pay child support. The child support equation amounts to approximately 20% of the net monthly resources of the non-custodial spouse for the first child. Additional children will require an additional 5% per month. The reason that child support is a percentage rather than a flat fee is that the state of Texas recognizes that there are different requirements for people in different income brackets. Setting a percentage based payment system means that it is possible for all non-custodial parents regardless of income to pay child support.

Child Support Not a fixed Fee

As child support is not a fixed fee in most cases, it is possible that the amount that would be required will change from year to year or even month to month. A non-custodial spouse might find themselves with a pay rise, a pay cut or even unemployed. His or her income levels could rise above or fall below the threshold that was used to determine the monthly payments. In these situations, it is possible to seek child support modification. Child support modification is, as the term implies, a modification to the terms of child support. Seeking child support modification is a simple process but it does involve some legal procedures. It is usually best that this is done with the support of a family law attorney.

Determining Child Support Fees without Mediation

Sometimes, divorced or separated couples that are on friendly terms come to their own arrangements with regard to child support. This is not a recommended course of action as it places the non-custodial parent at risk of being found in contempt. While both parents might agree to the non-custodial parent paying less, they must recognize that there is a system in place for collecting child support. Failure to pay child support is a felony. While it is unlikely that a parent would be charged over a few late payments, it can create legal problems that are avoidable by following the correct procedures. Child support modification is the only way that a parent will be able to alter the amount that is required each month.

Modifying Child Support Fees

Child support modification requires that the parent that is applying for the modification provide proof to support his or her claim. The parent must meet certain prerequisites in order to make a claim for child support modification. First, he or she will need proof of past and present circumstances. It is necessary to show that there has been a substantial change in resources in order to seek modification. Losing one or two hundred dollars in a month by not accepting overtime is unlikely to lead to a modification.

The custodial parent may also seek a child support modification if he or she can prove that the needs of the child have changed. As children get older, they tend to require more support. Their needs become greater as they will consume more food and may need specific medical or dental care. It is unreasonable to assume that these needs will not change and there is a high likelihood that a child support modification will be approved. The custodial parent would need to provide documentation to prove that the needs of the child had increased in order to make the claim.

Switch in Conservatorship

Perhaps the biggest change in circumstances is a switch in conservatorship. If custody arrangements change then child support will quite obviously need to be amended. It is quite possible that the previously non-custodial parent will find themselves in custody of their children. In this case, it would not be fair for them to pay child support to their ex-spouse as their parenting roles would have reversed. If the situation were permanent or long term then it would be pertinent to seek child support modification. A family law attorney will be able to assist with the necessary procedures.

Requirements for Modification

It is worth noting that there are certain things that will not meet the requirements for modification even though they do entail a change in circumstances. If the custodial parent remarries, his or her financial situation might improve. This has no impact on the amount of child support that is required. While unemployment or underemployment might be grounds for child support modification, intentional unemployment or underemployment are not. It is the responsibility of the non-custodial parent to maintain their employment if they are able. If he or she becomes deliberately unemployed, they will not be eligible for child support modification. Changes in income can be grounds for child support modification but increases in the cost of living are not. If the non-custodial parent moves to an accommodation that is more expensive or takes on debts, he or she will still be required to pay the same rate of child support each month.

“Child support modification” can be a complicated process. A family law attorney will be well aware of the system and is likely to be a parent’s best chance of achieving the desired modification. The family law attorney will be able to walk the parent through the process of child support modification and help to prepare any documentation that is required. They will be well aware of changes in circumstances that are grounds for modification and those that are not and be able to give professional advice regarding the chance of success. A professional approach to child support modification offers the greatest likelihood of a desirable outcome.

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