Houston Child Support Modification Lawyer

Parents have a legal duty to provide financial support for their children. Typically, the non-custodial parent must pay child support to the parent who has primary or residential custody. But what if circumstances have changed, and the amount needs to be increased or decreased? A Houston child support modification lawyer at Slate & Associates can help you file a petition with the court.

Modifying a Child Support Order in Texas

Child support arrangements stay in place until a child reaches the age of majority. In Texas, a parent’s obligation to pay child support ends when the child turns 18.

The court will generally not grant a child support modification order unless the petitioner can show that the child’s or their own situation has materially changed, and this change justifies the modification of the amount of child support or the duration of the obligation.
The following are examples of circumstances that may justify modifying an existing child support order:

  • Change in either party’s financial situation;
  • Change in either party’s employment situation;
  • Remarriage in which another party will be taking over some of the cost of raising the child;
  • Whether the child has suffered a physical or mental disability; and
  • Whether the child can independently provide for themselves once they turn 18.

How Does the Court Calculate Child Support?

Essentially, child support payments are subject to a formula that is determined by Texas law and adjusted for inflation every six years. The court considers the total income of the payer (the parent paying the child support) minus specific deductions. These deductions can include rent, mortgage, basic necessities, food, utilities, and some disposable income after that.

There is, however, a cap on the maximum amount of money that can be considered for child support. This number is set to go up in September of 2019. Currently, it stands at $8,550 per month and only applies to those who more than $124,086 annually. This number results in a cap of monthly child support that depends on the number of children that need to be supported.

Speak to a Houston Child Support Modification Attorney for Help

At Slate & Associates, we understand that things change, even after you’ve finalized your divorce. We can help you petition the court to modify child support payment to accommodate evolving circumstances. Whether you are trying to recover more money for child support from your ex or trying to decrease an obligation that you can no longer afford, we can help. Contact us today for a consultation.

Frequently Asked Question About Child Support Modification

Q1: What is child support modification?
A1: Child support modification involves legally changing an existing child support order because circumstances have significantly shifted. This could mean increasing or decreasing the payment amount, or adjusting the duration, to reflect new financial or life situations impacting the child or either parent.

Q2: When can I modify a child support order in Texas?
A2: In Texas, you can generally modify a child support order if there has been a significant and material change in the situation of the child or either parent. The court requires proof that this shift justifies adjusting the current support amount or the period of the obligation.

Q3: What are common reasons for modifying child support in Texas?
A3: Common reasons include notable changes in either parent’s financial or employment situation, remarriage where a new spouse contributes to child costs, or if the child develops a physical or mental disability. It can also be considered if the child becomes independently self-sufficient.

Q4: When does child support typically end in Texas?
A4: In Texas, a parent’s legal duty to pay child support generally concludes when the child reaches 18 years of age. However, there might be specific exceptions depending on individual circumstances, such as if the child has a severe disability.

Q5: How can a Houston child support lawyer assist with modifications?
A5: A Houston child support modification lawyer, such as those at Slate & Associates, can guide you through the legal process. They help prepare and file the necessary petition with the court, ensuring your case for modification is properly presented based on your changed circumstances.

Q6: Who typically pays child support in Texas?
A6: Generally, the non-custodial parent is legally obligated to provide financial support to the parent who has primary or residential custody of the child. This arrangement ensures both parents contribute to the child’s financial well-being, even if they don’t share physical custody equally.