Child support orders are based largely on the income of the parents and the needs of the child. Of course, over time, these are things that can change a great deal. If your circumstances have changed, you may be able to request a child support modification reflecting those changed circumstances. In fact, the sooner you do this, the better. The existing child support order will not automatically become unenforceable because you experienced a change of circumstances. It will be valid and you must comply with the existing order, or face legal consequences, until the court has officially sanctioned your requested modification. Let’s take a look at how you can go about requesting a child support modification.
Requesting a Child Support Modification
In order to request a modification on a support order that is the result of an active, open child support case, you can submit a Request for Review. A court hearing is only one of two ways that you can get a child support order modification. The other ways is through an in-office negotiation that is referred to as the Child Support Review Process (CSPR).
CSPR allows parents to request a review of their existing child support order and determine whether or not it should be modified. Should modification be deemed appropriate, both parents are notified of the changes to the child support obligation that is proposed. They are both allowed the opportunity to contest the proposed modification. Should both parents agree to the proposed modification, the court will issue a new child support order. If both parents do not agree to the proposed modification, the matter will be schedule for a court hearing.
All parties to a child support order should be aware that informal agreements between parents will not be legally recognized nor will be they enforceable. The court ordered amount will remain intact. It is also worth noting that a request for child support modification could result in the obligation amount increasing. If the obligor parent is making more money than they were when the original order was in place, it is a possibility that their payment obligation could increase.
Please note, however, that a court will only find child support order eligible for modification if the order was established or last modified over three years ago and either:
- The monthly amount of the child support order differs by 20% from the amount that would be awarded pursuant to the state child support guidelines;
- The monthly amount of the child support order differs by $100 from the amount that would be awarded pursuant to the state child support guidelines; or
- There was a material and substantial change in circumstances that occurred since the child support order was last established.
A material and substantial change in circumstance could be the result of a lot of things. Perhaps most commonly, the material and substantial change of circumstances is a job loss. It could also be a pay cut or due to one of the parents remarrying.
Family Law Attorneys
If you need to request a child support modification, the trusted family law team at Navarrete & Schwartz can help. We are proud to serve the residence of Midland, Texas. Contact us today.