Child support is one of the most contentious issues during divorce proceedings in Texas. Cases relating to child support can become more complicated in cases where the child is born to unmarried parents. Many times the non-custodial parent who is liable to pay child support may also be in prison. In such cases, child-support orders already issued by the court may need to be modified.
A parent who seeks to change an existing child support order may contact the authorities at the Texas Attorney General's office. For biological parents who are imprisoned, all laws applicable to child support order modification are in force without exception. In order to modify the child support order, an imprisoned biological parent may contact legal aid for professional legal help to change the agreement to reflect his or her present financial condition.
The Texas child support state office has even compiled a handbook for child support order modification enumerating all kinds of situations that one may face after a child-support agreement has been ordered. The handbook specifically lists out the rights and obligations of an imprisoned biological parent. The handbook may also serve as a guide to understand the best way to deal with the situation once the parent is out of jail.
While there is no formal codified manner for a parent to seek child-support modification, the copious paperwork related to pleading for a need for modification may require the help of a lawyer especially in cases where the biological parent is behind bars. Any agreement that has been in place for more than three years which experiences a substantial change in the parents' financial situation may be eligible for child support modification.
Source: ACF.HHS.gov, "Changing a child support order in your state," Accessed on Dec. 19, 2014