By Julie C. Caskey

In a May 21, 2010 news release, the Texas Workforce Commission reported that unemployment rates in Texas for the month of April decreased–albeit only slightly–from 8.5% in March to 8.4% in April.  Despite this slight drop, many Texans still feel the negative impacts of a depressed economy.  The condition of the economy has left many Texas parents wondering about ways in which their child support order can be modified.  Parents who are paying want to reduce the amount; parents who are receiving want to up the amount.  Many clients want to know if a child support order can be modified, and if so how?

Under Texas law, orders for Child Support can be modified. The Texas Family Code outlines the requirements which must be met before a court will modify a child support order:

The court may modify an order that provides for the support of a child if: 

(1)  the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order’s rendition; or

(2)  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 child support guidelines.

Thus, a child support order can be modified at any time if the party seeking modification can show a change in circumstances that is material and substantial.  Examples of these types of changes depend on the specific circumstances of the parties but can include significant increase or decrease in the obligor’s income or increases in the needs of the child (child becomes ill or disabled, for example).

Once three years have  elapsed, a party seeking to modify a child support order is not required to show a material change in circumstances if he or she can meet the change in income requirement.  Courts will modify a child suport order if applying the child support guidelines to the payor’s current income results in a child support payment that differs by 20% or $100 from the amount in the previous order. 

Generally, courts are reluctant to decrease child support orders.  It is usually far easier to get a child support order increased than to have it decreased.  However, each situation is unique.  If you would like to speak with an experienced family law attorney about modifying your child support order, contact the law office of Garg & Associates, P.C.

 Julie C. Caskey is an attorney who practies family law with Garg & Associates in The Woodlands, Texas.