When you have a Texas child support arrangement in place, the paying parent has an obligation to make those payments in full unless the order undergoes modification. Certain life circumstances may warrant a review of your existing child support order. However, your situation must meet certain criteria before you may make the request for a review.
Per the Attorney General of Texas, for your child support order to be eligible for modification, one of two circumstances must exist.
Determining eligibility for a child support order modification
You may be able to have your child support order undergo modification if it took effect or underwent modification at least three years ago. However, to request the review, you must also be able to show that the amount paid would differ by either 20% of $100 from the amount current child support guidelines would dictate.
You may, too, be able to request a child support order modification if three years have not yet passed, but you experienced a material and substantial change in circumstances since the order took effect.
Defining material and substantial changes in circumstances
What types of situations might count as a material and substantial change in circumstances? Job loss often warrants a change in an existing child support order,. So, too, might a change in the paying parent’s income. If the paying parent has more children to support or the child’s living situation or insurance coverage has changed, these circumstances may also warrant a modification.
Keep in mind that if you do request a modification, it may take some time to take effect. Things often move faster if you and your child’s other parent agree on what should happen when it comes to the order.