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Understanding when child support modifications can be made

Child support is a critical part of family law in Texas. When there is an award of child support, it is based on several factors but mostly what serves the child’s best interests. Still, there are times when the custodial or the noncustodial supporting parent seeks to change the parameters of the order.

There are reasons that will justify a parent asking for a child support modification and having a viable chance of it being approved. The perspective is important. For the custodial parent, the request should be made if he or she has reason to believe that his or her ex’s income has risen substantially, or the child’s financial requirements have increased. Perhaps a medical issue has come up, and more support is needed to pay for it. The court will look unfavorably at requests for what it deems frivolous reasons.

The noncustodial parent who is paying support can also request a modification. However, this should only be done in cases where there has been a decrease in income leading to problems making the payments. The court will consider a modification, but it needs to have concrete information as to whether to allow it. It will investigate and needs evidence to prove that the reduction is large enough to warrant lowering the child support.

There are rules for requesting a child support modification that must be adhered to. In addition, knowing when the court will agree to the request is essential before moving forward. Courts assess child support requests and modifications with great scrutiny. Having a justifiable reason for the change is integral in the request being approved. To have a child support order modified, it may be beneficial to consult with experienced professionals in family law.