Modifying a Child Support Order
Circumstances change as years go by, and if you are responsible for paying child support or are entitled to received child support you have the opportunity to modify the existing child support order in certain circumstances.
The divorce court may modify a child support order, including an order for health-care coverage, if
- the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of the date of the order or the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or
- it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the current child support guidelines.
- However, if the parties agreed to an order under which the amount of child support differs from the amount that would be awarded under the child support guidelines, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the order was rendered. In this situation, you can not use the provisions of #2 above to seek modification of child support.
When is the modification effective?
The court is limited as to when the new support order is effective. A child support order may be modified with regard to the amount of support ordered only as to obligations accruing after the earlier of 1) the date of service of citation or 2) an appearance in the suit to modify. If your spouse won the lottery 6 months ago the court can not go back and change the child support due until service of process is completed or an appearance is made in the modification case.
Winning and Losing Your Claim
The difference between winning and losing your case can be very small. Speak with a Woodlands divorce attorney today to help you win your case.
The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.