Can the amount of child support be modified after it’s been set, and under what circumstances in Texas?

At the Law Office of Dana Baker, child support modifications can be pursued either through a court proceeding or the Child Support Review Process (CSRP). The CSRP often provides a quicker resolution, especially when both parents agree on the changes.

Your child support obligation might be eligible for modification if:

• It’s been at least three years since the order was set or last altered, and the ordered amount deviates by 20% or $100 from the guideline amount; or
• There’s been a significant and material change in circumstances since the last order was established.

IMPORTANT: A formal court order is required to alter your child support payment. Informal agreements between parents do not suffice.

What constitutes a significant and material change in circumstances?

This could mean various changes, such as:

• The noncustodial parent’s income has significantly increased or decreased.
• The noncustodial parent has additional children to support.
• There’s a change in the child(ren)’s medical insurance coverage.
• The child(ren)’s living situation has changed.
• Returning to active military duty and experiencing an income change?
• Activation for military service, which could lead to reduced income, is recognized as a significant change, allowing for a child support order review.

Returning from military duty with changes to your income or child(ren)’s health insurance?

Deactivation from military service, potentially leading to income changes or altered health insurance for your children, qualifies as a substantial change, permitting a review of your child support.

Experiencing job loss or a decrease in income?

A reduction in your income due to job loss or other factors may result in a modification of your child support to reflect your current financial situation. If you’re unemployed with no income during our review, we’ll consider your past earnings, employability, and the federal minimum wage in determining a new child support amount.

Noncustodial parents facing income reductions should submit a review request to the Law Office of Dana Baker, managing their case.

IMPORTANT: Continue making child support payments until a new court order is issued.

What information is needed for a case review?

We’ll need details on the noncustodial parent’s income and the child(ren)’s health insurance expenses. This could include pay stubs, tax documents, or employment offers indicating salary.

Will unemployment benefits be garnished for child support?

Yes, child support can be deducted from your unemployment benefits, up to 50% to cover your obligations.

Lost health insurance for your kids due to job loss?

If you’re unable to maintain court-ordered health insurance for your children, request a review to adjust your medical support order. We can help find alternative insurance solutions.

Can child support be temporarily lowered while job hunting?

Temporary orders are rare, but given current economic challenges, we may issue them in certain situations. Such orders are reviewed upon the noncustodial parent’s reemployment or after six months, whichever comes first.

IMPORTANT: Noncompliance with temporary orders may lead to enforcement actions.

Part-time employment and child support calculations?

For part-time employed noncustodial parents, we consider past employment, earning potential, and the minimum wage to calculate support. The final amount, however, is determined by the court.

Can back child support payments be adjusted?

Your back child support payments might be adjusted based on your current income. We can review and potentially modify the payment schedule through a new court order or wage withholding adjustment.

IMPORTANT: Lowering your payment towards back child support could extend the repayment period.

Interstate modification requests?

For “interstate cases,” where the custodial parent resides in the state of the original child support order, modifications must be pursued through that state. Contact the Law Office of Dana Baker for guidance.

Modification processing time?

The timeline for modifications varies. Our office will gather necessary information and aim to expedite the process, relying on cooperation from both parents.

Could my child support increase with a modification request?

Yes, if your current income is higher than at the time of the last order, the court may increase your child support obligation.

For assistance or more information, contact the Law Office of Dana Baker at 979-310-5507.