Quick Answer: Texas courts allow a child support review if three years have passed since the order and the guideline amount now differs by 20 percent or $100. Outside that window, a modification is possible if you can show a material and substantial change, such as a job loss, pay change, new dependents, a shift in possession time, or a change in a child's needs.
Eligibility for Review of Your Current Child Support Order
The State of Texas recognizes that circumstances change and that children’s needs evolve as they grow and mature. In response, Texas courts allow parents to request reviews of their child support orders when both of the following apply:
It has been at least three years since the child support order was established or modified.
The calculated monthly child support amount awarded, according to state guidelines, differs from the current amount by at least 20 percent or $100.
Modifications Based on Material and Substantial Changes
Even if your case is not eligible for review based on the passage of three years, there is another option. If you can prove that there has been a material and substantial change since your case was finalized or since your last modification, you may qualify for a child support modification.
What Qualifies as a Material and Substantial Change in Circumstances?
The State of Texas does not specifically address what constitutes a material and substantial change in circumstances. Generally, however, experiencing a significant and relevant change in one’s situation since the date of the most recent child support order suffices.
This change can relate to either parent’s financial situation, living arrangements, or overall physical or mental health. Changes in the children’s needs as well as factors related to their well-being, such as abuse or neglect, are also primary concerns.
Every Case Is Unique
The court considers each case on its unique circumstances, so child support modifications are not a one-size-fits-all process. The court will compare your current circumstances to those that originally applied. If a material and substantial change is identified, a modification is likely to follow.
It is important to note that proving the level of change necessary to support a child support modification can be very challenging. This makes it in your best interest to work closely with a knowledgeable child support lawyer from the start.
Scenarios that Tend to Support Modifications
There are several common scenarios in which child support modifications are most likely.
The Paying Parent Experiences a Significant Shift in Income
The parent who pays child support is called the obligor. Generally, child support is calculated as a percentage of the obligor's net income:
1 child: 20 percent
2 children: 25 percent
3 children: 30 percent
4 children: 35 percent
5 children: 40 percent
6 or more children: at least 40 percent
If the parent who pays child support experiences a significant shift in their income, it can support a child support modification. This can mean either a pay raise, a decrease in pay, or a job loss.
The Parent Who Receives Child Support Begins Earning Significantly More
If either parent begins earning significantly more than they did, it can support a child support modification. Ultimately, both parents pay child support. Generally, however, only one of them makes child support payments.
The custodial parent assumes financial responsibility for providing the children with their primary residence, while the noncustodial parent makes child support payments.
Even when parents share parenting time evenly, however, the higher earner typically has the child support obligation. As such, an increase in either parent’s income can pave the way toward a child support modification.
The Paying Parent Is Legally Responsible for Additional Children
If the obligor is financially responsible for more children than they were at the time that child support was ordered, a modification may be indicated. The total number of children the paying parent is responsible for is a relevant concern when it comes to calculating child support.
There Is a Shift in Child Possession and Access Arrangements
Often, one parent takes on the primary role while the other has a visitation schedule. In these cases, the noncustodial parent usually makes the child support payments. If the parenting time schedule shifts, however, it can lead to a child support modification.
If the noncustodial obligor now has the children more than half the time, for example, they can seek a child support modification. In cases like these, the court may deviate from the basic calculation guidelines by taking factors like the following into careful consideration:
Each parent’s income
The exact amount of time the children spend with each parent
The children’s needs
When the primary parent retains the court’s permission to move with the children a significant distance from their other parent, it can also play a role in a child support modification.
For example, the other parent’s increased travel expenses will be considered.
A Change in a Child’s Needs
If you are the primary custodial parent and one or more of your children's needs have changed significantly, you may be entitled to an increase in child support. This can relate to:
Mental or physical health
Educational needs
Need for therapeutic care, such as speech, occupational, or physical therapy
If You and Your Ex Are in Agreement
If you and your children's other parent agree on a modification, you are in a good position, but you should not stop there. Your current child support order is legally binding, so it is important to obtain a legal modification through the court.
Simply changing the amount between yourselves can come back to haunt you:
If you are the obligor and your ex later changes their mind.
If you receive support and later need to enforce payment.
In either case, the court will refer to the standing order, not to any informal agreement. Anyone found in violation of the order can face penalties, even where an informal agreement existed.
When the Obligor Intentionally Earns Less
Sometimes, parents go to great lengths to reduce the amount of child support they are required to pay. This is often designed to get back at or punish the other parent rather than to withhold financial support from their children, but the effect is the same. Texas courts are well aware of these tactics and closely scrutinize them.
When a Parent Is Determined to be Intentionally Unemployed or Underemployed
One tactic some parents use to limit their financial obligation is either earning far less than they could or not working at all. Texas is not interested in punishing parents who face legitimate obstacles in finding a decent job or working full-time. Doing so intentionally, however, is a different matter.
Addressing the Parent’s Ability to Earn
Texas courts carefully examine the available evidence to determine if the parent who is required to pay child support is capable of earning more than they currently do. Ultimately, the children’s best interests prevail, but the state balances the children’s needs against the paying parent's capabilities.
It Is Not Necessary to Prove the Parent’s Motivation
Texas does not require the parent who is seeking a child support modification based on their ex’s underemployment or unemployment to prove that their intention is to avoid child support.
This means that if an obligor quits a good job without explanation and then works only sporadically and for much less pay, the important factor is that they chose to earn less. Proving that they did so to minimize child support is not required – the parent’s ability to earn is evidence enough.
Imputing Income
If the court determines that it is necessary to do so, it can impute income to a parent who is intentionally unemployed or underemployed. In the absence of reliable evidence regarding the obligor’s income, the court will begin with the presumption that they earn or can earn at least minimum wage at 40 hours a week.
When there is reason to believe the parent could earn more than this, however, the court can increase the imputed amount from here. If there is no evidence of income or the evidence speaks to the obligor being intentionally underemployed or unemployed, the court will turn to considerations like the following:
Their overall assets
Their residence and lifestyle
Their employment history and earnings history
Their overall education and job skills
Their age and overall health
Any barriers that may interfere with their ability to earn, such as a criminal record
Job opportunities in relation to their background, their location, and prevailing wages in the relevant job sector
Whether there are employers willing to hire them
When a Parent Hides Income
In the child support calculation process, income from work is not the only consideration.
The obligor’s net resources are taken into account, and this includes income from business ownership, from rental properties, or any other income-generating asset. These forms of income can be less challenging to hide than income earned through legitimate employment.
For example, if the paying parent has a rental property that consistently generated income in the past but now stands empty, the court will take that into account. The same is true when the paying parent voluntarily transfers assets out of their name or intentionally reduces the amount of income that an asset generates.
In these cases, the court can deem income in relation to assets, which translates to assigning the amount of income the asset would have earned if the obligor had not interfered.
If doing so does not present an undue financial burden, the judge can also require the parent to sell the underearning asset. The income generated can then be used in the child support calculation.
The more complicated the parent’s holdings, the more difficult it can be to get a clear picture of their earnings. A seasoned child support attorney has the skill and legal insight to gather the evidence necessary to demonstrate your ex’s earning power – in pursuit of a fair child support modification.
Documentation Required for a Round Rock Child Support Modification
Documentation typically required for a Texas child support modification includes:
Your current child support amount
Proof of each parent’s income for the last three to six months
Evidence of a material and substantial change in circumstances, which may be salary-based or may relate to a job loss or to a financial responsibility for an additional child
The premium statements regarding the children’s medical coverage, as well as proof of any increase in their healthcare costs
Documentation regarding any changes in the cost of your children’s daycare or education, or in relation to any special needs
Your child support lawyer will ensure that you are well prepared to pursue the modification your children deserve.
Frequently Asked Questions
When can I request a review of my child support order in Texas? You can request a review if it has been at least three years since the order was established or last modified, and the guideline-calculated amount differs from your current amount by at least 20 percent or $100.
What counts as a material and substantial change in circumstances? Texas law does not define this term specifically, but generally a significant and relevant change since the last order, such as a change in either parent's finances, living arrangements, health, or a change in the children's needs or well-being, can qualify.
Can my ex and I just agree to change child support ourselves? You can reach an informal agreement, but it is not a substitute for a court-ordered modification. Your existing order remains legally binding and enforceable until the court changes it, and violations of the standing order can still lead to penalties even if an informal agreement exists.
What happens if the paying parent intentionally earns less to reduce child support? Texas courts scrutinize intentional underemployment or unemployment. The parent seeking a modification does not have to prove the other parent's motivation, only their ability to earn. The court can impute income based on factors like earning history, education, assets, and job opportunities.
Can hidden income affect a child support modification? Yes. The court looks at net resources beyond wages, including income from business ownership, rental properties, or other assets. If a parent reduces or hides income from an asset, the court can assign income based on what the asset would otherwise have earned.
What documents do I need for a Round Rock child support modification? Generally, you will need your current child support amount, recent income proof for both parents, evidence of the material and substantial change, medical coverage and cost documentation, and records of changes in daycare, education, or special needs costs.
Our Experienced Round Rock Child Support Lawyers Can Help
Brett Pritchard and the legal team at The Law Office of Brett H. Pritchard are Round Rock child support attorneys with more than 20 years of experience advocating for clients' rights.
For more information about how the firm can help, contact us online or call 254-781-4222 to schedule a free consultation.