Petition To Modify Child Support Texas
- Petition To Modify Child Support Texas
- How Child Support Amount Is Calculated
- What You Need To Know About Child Custody Order Modification
- Can A Court Lower Child Support In Texas?
- Find TX Child Support Lawyers Near Me
How To Modify Child Support In Texas
Changing circumstances and other factors can force parents to petition family courts to change the terms of their child support and child custody orders. You can modify child support orders by showing the court that you experienced material or significant change. These changes can include a change in employment status, a child reaching 18 years of age, a remarriage, a change in health, a problem with law enforcement, and more.
You can also petition to have child support modified if you have been paying support for three or more years. But this can only happen if the change would alter the monthly payment by 20 percent. The change will only affect future payments. A lawyer near you can give you additional information about the law such as to modify child support in Texas.
How Child Support Amount Is Calculated
How Often Can Child Support Be Modified In Texas
A fixed schedule is used to calculate the amount of child support that parents that earn below a certain amount need to pay. The schedule requires a parent to pay a percentage of their monthly income as child support. The schedule indicates that:
- You have to pay 20 percent of your net income for one child
- You pay 25 percent of your net income for two children
- You pay 30 percent for three children
- You pay 35 percent for four children
- You pay 40 percent for five or more children
A different set of factors are used by courts to determine what parents that earn more than a specified should pay every month.
What You Need To Know About Child Custody Order Modification
Motion To Modify Custody In TX
Just like child support, changing circumstances can force you to ask a court to change child custody orders. Courts will hear both parents’ testimonies but any change will be done in the best interests of the child.
Modifying child custody orders may be the appropriate thing to do if the child’s living circumstances have changed since the original order was signed. The court may take the child’s preferences into account if the child is over the age of 12.
You may also be justified in seeking a custody order change if the custodial parent gave your child voluntarily to a third party for care for at least 6 months. The third party could be the child’s grandparents, aunt, or other relatives. A child custody order may be changed a year after the original order was issued if the child is in a physically or mentally dangerous environment.
This can also happen if the custodial parent gave the child to another person’s care for at least six months or voluntarily agreed to change the order in the child’s best interests.
Can A Court Lower Child Support In Texas?
How To Get Child Support Lowered In Texas
A court considers your employment history, your ability to work and earn income, and the federal minimum wage to determine what amount you need to pay in child support. If you lose your job, a certain amount may be taken from your unemployment benefits to pay for child support. This amount will be determined based on your child’s needs. However, the same will not apply if you are voluntarily unemployed.
An easier way to lower the amount you pay is to agree with the other parent to lower the amount you pay. You don’t have to go through litigation if you take this route.