To get your child support lowered in Texas, you must demonstrate a significant change in circumstances that justifies a modification of the existing child support order.
You can request a modification if it has been at least three years since the last child support order was established or modified, and the monthly amount of child support owed would change by at least 20% or $100 under the Texas Family Code Child Support Guidelines.
If less than three years have passed, you can still seek a modification by showing a material and substantial change in circumstances. This includes changes such as:
- A decrease in income due to job loss, demotion, or health issues.
- Becoming legally responsible for additional children.
- Changes in the child’s medical insurance coverage.
- Changes in the child’s living arrangements
What Factors Can Lower Child Support?
In Texas, several factors can lead to a reduction in child support payments.
A significant change in the non-custodial parent’s financial situation, such as job loss, reduced income, or disability, may justify lowering support obligations. An increase in the custodial parent’s income or a decrease in the child’s financial needs—like the end of daycare expenses or medical treatments—can also be considered.
Additionally, if the non-custodial parent has new dependents to support or if there’s a substantial change in custody arrangements resulting in more time spent with the child, the court may reevaluate and potentially lower the child support amount.
To enact any changes, a formal modification request must be filed with the court, demonstrating these substantial and material changes in circumstances. The court bases its decision on the child’s best interests standard.
What Is a “Substantial and Material Change”?
When you ask the court to lower child support, they’re going to be looking for what they call a “substantial and material change” in your situation. But what does that really mean?
In simple terms, it means that something big and important has changed since your last child support order was made. It can’t just be a small change or something that’s only going to last for a short time. The court wants to see that your life is really different now, affecting your ability to pay child support.
For example, losing your job for a few weeks probably wouldn’t count as a substantial and material change. But if you lost your job and haven’t been able to find a new one that pays as well for several months, that might qualify. Or if you’ve been diagnosed with a long-term illness that affects your ability to work, that could be considered a substantial change.
The key is that the change has to be something that’s likely to last for a while and that really impacts your financial situation. It’s not enough to just say that paying child support is hard or that you’d rather spend your money on other things. You need to show that your circumstances have truly changed in a major way after your Texas divorce.
What Is the Legal Process of Child Support Modification?
The legal process to modify child support in Texas begins by filing a petition for modification with the court that issued the original support order. This petition must demonstrate a substantial and material change in circumstances since the last order was established—such as a significant change in income, employment status, or the child’s needs.
After filing, the petitioning parent must serve the other parent with notice of the modification request. Both parties will have the opportunity to present evidence and arguments at a court hearing. The court will evaluate factors like each parent’s financial situation, the child’s best interests, and any relevant changes to determine if a modification is warranted.
If approved, the court will issue a new child support order reflecting the adjusted amount. It’s important to continue making payments under the existing order until the court officially approves the modification to avoid legal penalties.
When Do I Need to Contact a Lawyer?
Trying to get your child support lowered can be a difficult process. While it’s possible to do it on your own, many people find it helpful to work with a local attorney in Texas.
A lawyer can be useful right from the start. They can look at your situation and help you figure out if you have a good case for getting your payments lowered. They know what kinds of changes the courts in Texas consider important and can give you an honest opinion about your chances of success.
If you do decide to go ahead and ask for a modification, a lawyer can help you with all the paperwork. They know exactly what information needs to be included in your petition and how to present it in a way that makes sense to the court. This can save you a lot of time and stress, and it can help make sure you don’t miss any important details.
A lawyer can also help when it comes to gathering evidence. They can tell you exactly what kind of proof you need to back up your case and help you get it all together. This might include financial records, medical documents, or statements from your employer.
When it comes time for your hearing, having a lawyer by your side can make a huge difference. They know how to present your case in the best possible light and can argue effectively for why your payments should be lowered. They also know how to respond to any arguments the other parent might make against lowering the support.
Another advantage of having a lawyer is calculating child support. The state uses a specific formula to figure out child support payments, and a Texas lawyer who knows this formula inside and out can help you understand what kind of reduction you might be able to get.
It’s also worth remembering that child support cases can sometimes get complicated, especially if there are other issues involved like custody disagreements or disputes about visitation. A lawyer can help you handle all of these issues together, making sure that everything is dealt with in a way that works for you and your child.
While it’s true that hiring a lawyer costs money, many people find that the benefits outweigh the costs. A good lawyer might be able to help you get a bigger reduction in your payments than you could get on your own, which could save you money in the long run. Plus, having a lawyer can help reduce stress and give you peace of mind knowing that you’re handling everything correctly.
Remember, any changes to child support should always keep the child’s best interests in mind. A good lawyer will help you work towards a solution that’s fair for everyone involved, including your child.
If you’re thinking about trying to lower your child support in Texas, it’s a good idea to at least talk to a lawyer before you get started. Many lawyers offer free consultations where you can discuss your case and get some initial advice. This can help you decide whether hiring a lawyer is the right choice for you.
If you’re ready to take the next step in lowering your child support payments, don’t wait. Use LegalMatch to find an experienced Texas child support lawyer. A lawyer can help you understand your options, guide you through the legal process, and fight for a fair child support arrangement that works for your current situation.
Remember, getting the right legal help could make all the difference in your case. Don’t try to process on your own – reach out to a skilled Texas child support attorney today and take the first step toward getting the help you need.
