Child support is typically established during a divorce or upon separation of a child’s parents. You can get a child support modification at any time; however, there are specific requirements that must be met. If you feel your child has needs that child support doesn’t cover, then you should immediately reach out to an Austin child support modification lawyer. Your attorney can help you get the best outcome possible in your case.
Parents May Agree to Modify Child Support at Any Time
No matter when child support was established or last modified, if you and your child’s other parent make a new agreement, the amount can be changed. Although some parents cannot come to an agreement on child support amounts, others are able to work together to do what is best for their child. It’s typically best for everyone when an agreement can be reached.
It’s important to keep in mind that even if both parents agree on a new amount for child support, the court must approve of the agreement. Once the court approves, it will issue a new order that must be followed by the parents.
You Can Modify Child Support If There Has Been a Substantial Change
If there has been a material change in circumstances, then child support may be modified by the court. The change may include a substantial difference in income or needs.
For example, if a parent gets a new job that includes a significant raise in earnings, then a modification may be appropriate. Changes in educational or medical needs of the child will also qualify for a child support modification.
Any substantial change in the ability to pay child support or needs of a child can lead to a modification of child support. This applies no matter how long ago it was established or modified.
Child Support Can Be Modified After Three Years
If parents cannot agree on a new child support amount and there has been no substantial change, then a parent may still ask for a modification three years after the last order. Texas child support guidelines can change within a period of three years, so there is a chance that you might qualify for a different amount based on the statute alone. Three years after you establish child support or modify it, you are eligible to seek reconsideration and modification of your order.
Birth of a New Child May Permit Modification of Child Support
If a parent has a new baby who they are financially responsible for, child support modification for other children may be appropriate. The paying parent’s available assets must be considered in relationship to all their financial obligations, including new children. Thus, a parent who has recently had a new baby may petition the court for modification of previous child support orders.
A Change in Custody Can Result in Modification of Child Support
Child custody and child support are often, but not always, considered at the same time. If physical custody of a child is modified, but child support is not, then either parent can ask the court to consider altering child support. The paying parent may want to reduce child support to consider the extra expenses they have spending more time with the child. New transportation costs or other considerations involving custody should also be evaluated by the court. When child custody is modified, child support may be as well.
Failure to Exercise Visitation May Allow for Increased Child Support
Although there is no law stating that a parent must exercise visitation, there can be some consequences associated with failing to meet this parental obligation. When a child spends time with their non-custodial parent, that parent spends money on them. Transportation is also costly. These are considerations that are included in child support.
When a parent refuses to see their child and does not incur any related costs, they may be ordered to pay more child support. If your child’s other parent has not seen them in a significant amount of time, you might consider seeking a child support modification.
A Child Support Modification Lawyer Understands Your Situation
Whether you are paying child support or receiving it, deciding how much is appropriate is often complex. Parents always want to do what is best for their children, but you must also consider other areas of your life. It is possible to find a solution that works for everyone.
Contact the child support modification attorney at the Law Office of Ben Carrasco PLLC for reliable legal advice. Our trusted lawyers have helped countless clients with complex situations like yours. Call us today or contact us online for an initial case consultation.