Times have been tough for many for countless reasons. Nonetheless, families enduring significant changes in circumstances, such as losing or switching jobs, may need to change their child support agreement. If the need is obvious to both parties, couples can mutually agree to raise or lower the support agreement on either a temporary basis or by an agreed Final Order, and then ask the family law court to approve post-judgment child support modification. The court will then review the circumstances.
Grounds for a change
Section 156.401, Texas Family Code, requires that it has been three years since the previous child support order. Once that is met, the reasons will vary on a couple-by-couple basis, but examples of valid post-judgment modification of the child support can include:
- A change in the income of one or both parents
- A parent lost their job (quitting is not usually considered valid)
- There is a significant change in where a child or the children spend their time
- The is a significant change in the financial needs of a child, such as less or more expense for childcare, health care or education.
- There is a change to the factors used to calculate child support
- Co-habitation or remarriage
- Relocating for a new job in a different state
If the parents don’t agree
This process gets more complicated if the parents disagree over the need for a child support modification. It can lead to family court litigation where the couples argue for a change or no change. The decision ultimately comes down a Judge deciding on what is best for the children.
Whether in agreement or not, a parent looking for help in their change-in-circumstances case can often count upon an experienced Texas Board-Certified Family Law expert attorney to make a strong argument that will work for that client.