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What is needed for a child support order modification?

Any divorce, whether it is in Texas or anywhere in the United States, takes a toll on the children. While their parents can at least look forward to a brighter future ahead, the children are often gripped by insecurity. Hence, in the best interest of a child, the Texas court generally orders one parent to have custody of the child. Child support is then typically paid by the non-custodial parent. It is important to understand that child support is mandatory, not optional.

However, under certain circumstances, the child support order may be modified. If a parent changes residences and spends more money as a result, the child support order may be modified. The court assumes that the parent who has changed residences will pay the increased fees. However, the custodial parent may present evidence and attempt to change the court order for an increased child support payment.

Additionally, a child support order may undergo modification if it can be proved that there has been a justifiable change in circumstances. The substantial change in circumstances must have affected the child after the time that the court passed the order.

The child support order may also be modified if the last court order was passed more than three years ago or if the monthly child support varies by 20 percent since the time it was passed or $100 from the present amount. However, that is a complicated matter and it may be a wise idea to consult a Texas-based attorney who can offer sound advice and guidance.

An important point to remember is that if the non-custodial parent who is responsible for paying child support remarries, the income of that spouse will not be considered when ordering child support modification.

Source: TYLA.org, "What to Expect in Texas Family Law Court," Accessed on June 8, 2015

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