When a parent is struggling to make child support payments or is owed outstanding child support, there are processes in place that enable him or her to request a court-ordered child support modification. Texas residents may have questions about how the modification process works, so here’s a look at how they can be requested, the circumstances that must surround the request and more.
Reasons for a modification
The court will typically only approve a request for modification in child support if there has been a substantial change in income for one of the parents involved. For instance, if the parent ordered to pay child support loses his or her job, he or she can request a decrease in child support. Conversely, if the payor receives a promotion, and his or her salary increases, the receiving party can request an increase in his or her monthly child support.
Things to remember
Custodial parents should be careful to only request a modification when there has been an increase in the noncustodial parent’s income, or the child’s financial needs have increased. The noncustodial parent should only file for a modification when he or she can provide proof of a significant decrease in his or her income. The courts will conduct a thorough investigation of the claims of either party concerning the need for modification.
There are typically limits on how often modification claims can be filed by either party. An individual filing for a modification does not want to waste a claim that he or she can only make every two or three years in an attempt to gain an unmerited modification.
Before filing for any modifications, a person should seek the advice of an attorney. A lawyer can review the original order for child support, compare it to the current conditions and advise his or her client on how to proceed with the request for modification.