Diane St. Yves - Board Certified - Family Law
Texas Board of Legal Specialization
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Child Support Modification
FAMILY LAW BUSINESS LAW ESTATE & PROBATE LAW

CHILD SUPPORT MODIFICATION

The court can modify an order that provides for support of a child if 1) the circumstances of the child or a person affected by the order have materially and substantially changed or 2) it has been 3 years since the order was rendered or last modified and the monthly amount of the child support award differs by either 20 percent or $100.00 from the amount that was awarded in accordance with the child support guidelines.

Courts have determined that a material and substantial change in circumstances to allow for modification of child support include:
  • A change in the child’s primary residence
  • A determination that the obligor is not the biological father
  • An increase or decrease in a parent’s financial ability to support a child
  • An increase or decrease in a parents salary
  • The birth of another child
  • A change in cost to exercise possession
  • A significant change in parent’s employment
  • A significant change in amount of possession
  • Incarceration of a parent

It is important to note that the parties cannot agree to modify the terms of court ordered child support without court approval. The parties must file the appropriate pleadings and submit their agreement to the court for consideration. Oral agreements or informal arrangements not approved by the court are not enforceable.

Courts will rely upon the statutory guidelines in calculating modified child support. Factors to consider include, salary and income from all sources, medical expenses and total number of children to support. Either party may seek modification of child support as long as there is a material and substantial change in circumstances.

As you can see there are many possibilities and options with respect to child support. Our experienced family law attorneys can help you negotiate child support in a manner that is in the “best interest” of the child and makes sense for your family. Contact the Law Offices of Diane St. Yves today at 281-501-1558 or fill in our contact form on this page.


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