Can You Change a Child Support Order?

On behalf of Powell Law Offices, P.C. posted in Support on Wednesday, April 22, 2015.

When a couple who has children gets divorced, the court will make both parents fill out financial statements. These statements will aid the courts in making a child support decision. Both parents will be required to fill out their monthly earnings and expenses so the judge can make an adequate plan for the child. A judge will try to keep the standard of living close to the pre-divorce.

The court will take these factors into account when child support is considered:

• What does the child need
• Needs of the custodial parent
• Standard of living before the divorce
• Parent’s ability to pay

Whether it is the first child support order or an adjusted one, the court will always seek to make a decision that reflects the child’s best interests above all else.

When Can You Modify Child Support?

If you need to change your child support payment plan, you will likely need to petition the court for a modification. Both parents may be able to secure a modification. For example, the custodial parent can also request a modification if they think the payment needs to be higher. It is important to note that the court will only consider request if the reason for modification is legitimate. There must be some type of change in circumstances for the court to grant the adjustment.

Here are some reasons that could allow for child support to be modified:

• Change of job (by either parent)
• Added income from another marriage
• Parent becomes disabled
• Medical or economic hardship
• Child’s medical emergency
• Inability to pay because of emergency

For whatever reason you cannot pay or live off of the same child support as before, you must act quickly. Until a modification is approved, you are legally bound to pay the original amount. That is true even if your spouse verbally agrees to a new term, as the law will not recognize just a verbal agreement. Any request for child support modification is handled by the state court. If an agreement can be reached by the parents, a judge will review and sign it.

For any further questions on child support, please contact the Powell Law Offices, P.C. One of our Grapevine family lawyers would be happy to talk to you.