The issue of child support is never truly settled as long as the child is a minor, and in some cases, there may be circumstances that extend these payments. While other family law-related issues may have a conclusive ending, the court retains the power to adjust child support orders in the future.
Whether you are seeking a modification or are concerned about an unfair increase in your child support obligation, a dedicated attorney could help. The guidance of an Austin child support modification lawyer could be crucial in obtaining the outcome you are looking for in this type of dispute.
Options for Modifying Child Support
There are three different ways the amount of monthly child support could be modified. In each of these cases, the court overseeing the case must agree. With any of these approaches to child support modification, an attorney in Austin could provide essential guidance.
Modification by Agreement
The simplest way to secure a change in a child support agreement is through an agreement by both parties. This option might not be realistic for every set of parents, but it is not an uncommon occurrence. Even if both parents agree to this change, the court must also agree.
Waiting Three Years
If the parties do not agree, there are some restrictions on when one parent may seek a modification of child support. One option allows a motion to modify if the guidelines would recommend a notable change in the monthly amount. However, this option is only available after three years have passed since the last modification or the creation of the order.
One method does not require the parents to agree or for three years to elapse. If a parent can show that there is a material change in the circumstances of either a parent or the child, they could be entitled to a modification. This could include the loss of a job, changes in a child’s medical or educational needs, or an increase in income by one party. A change in circumstances could require an increase or a decrease in the monthly payments.
How Remarrying Could Impact Child Support Modifications
When one parent decides to remarry, this could have an impact on existing child support obligations. An attorney in Austin could explain how these changing relationships might impact a child support obligation and lead to a necessary modification.
First, it is important to note that when a parent remarries, the income of their new spouse will not impact the parent’s existing child support obligations. This means remarrying a person with a substantially higher income does not constitute a material change in circumstances, and that additional household income is not considered when calculating the amount a parent owes on their child support obligation.
However, a new baby that is born from this marriage could change the support modification. A parent that has a new baby also has new financial responsibilities for that child. This could impact the assets the parent has available for child support for their children from a previous marriage. In this situation, a parent who has recently remarried and had a new baby could petition for modification.
Talk to an Austin Child Support Modification Attorney Today
The decision to modify child support is entirely in the hands of the court. That said, you could make the case that a change is necessary or that any alteration could unfairly impact you and your other family members. An Austin child support modification lawyer could help you make the strongest case possible during these hearings. Call today to learn more.