It is a common scenario for a co-parent. You notice your ex-spouse’s income begins to skyrocket while they continue to pay the same amount of child support. You may see clues that your ex has gotten a significant raise, such as vacations, expensive new technology, a new car, or other purchases. Or, your ex may tell you outright they are making significantly more money.
In either case, they should be paying more child support. Understanding the process of asking for an increase in child support will help you develop an effective strategy. You do not have to navigate the family court system in Texas alone. Seeking legal assistance from Attorney Vonda Covington of Covington Law Firm, PLLC, will empower you and ensure you are in control of the process.
How to Modify Child Support in Texas
As a parent receiving child support payments in Texas, you are probably aware that your and your ex-spouse’s financial circumstances can change over time. Correspondingly, the amount of child support you receive every month can also change. You may be wondering how soon and how often you can ask the court to increase the child support you receive. Texas courts have a specific process for petitioning the court to modify child support payments.
If you would like your ex-spouse to pay you more in child support because their income has skyrocketed, you can pursue a few different options. Your first option would be to ask for your extra degree to pay more child support. Importantly, you cannot simply begin implementing a new child support arrangement, even if you have both agreed. The court must approve your new arrangement to make it official. If your spouse voluntarily agrees to pay more child support, you can work with your own attorney to drop a new child support order and submit it to the court for review.
What if My Ex Does Not Agree to Pay More Child Support?
In most cases, an ex-spouse will not voluntarily agree to pay more money in child support. They will probably deny your request, and you will need to petition the court for more money. However, the court process is designed to be fair and unbiased, ensuring that your rights and your child’s needs are considered. There are two main ways you can request an increase in child support.
If you can agree, the officer supervising her case will submit your new proposed order, which the judge will review. If the judge approves of the order, it will be entered into the court record, and your ex-spouse will need to begin paying more child support.
Your attorney can also submit a motion to the family court overseeing your case requesting that the judge order an increase in child support. Your ex will have 14 days to respond to the petition. The judge usually requires both parents to attend a hearing, where they will review the information both parents have submitted and reach a final decision. Understanding this process will help you prepare for the steps involved.
How Often Can a Parent Request a Change in Child Support?
Texas law requires parents to wait three years from the date of their existing child support order to request a change in child support. This rule only applies when the monthly amount of child support owed has changed by at least 20 percent or $100 monthly. There is an exception to this general rule, however. Suppose you or your ex have experienced a material and substantial change in circumstances, and you have evidence proving this is the case. In that case, you can request a child support modification without waiting three years.
Proving Your Spouse’s Increased Income is Enough to Receive More Child Support
To petition the court for more child support, you will need to show that your spouse has experienced a material and substantial change in circumstances, such as a significant raise. For example, if your ex-spouse received a significant yearly salary or hourly income raise, it may be eligible as a material change. A material change is the heart of determining how much child support they should pay. However, even though a salary increase is considered a material change, it may only sometimes be viewed as a substantial change.
Substantial changes need to be permanent or at least continue for a significant amount of time. If the raise is temporary or your ex simply received a one-time bonus, it may be more challenging to ask the judge to increase your child support payments successfully. Suppose the Expo signed a contract to work for a company for two months as an independent contractor. The change in income from this job may not be enough to prove that a substantial and material change has happened.
Other Factors Judges Consider When Modifying Child Support
Judges consider multiple factors when they decide whether to increase child support payments. They’ll evaluate the financial situation of the parent paying child support. If an increase is at least somewhat permanent, it will probably warrant a change in the amount of child support. They also consider the needs of the child. If the child has developed a medical, behavioral, or learning condition, an increase in child support payments could be necessary. Additionally, increased child support payments may become essential if there is a significant change in the cost of living.
Contact a Skilled Child Support Attorney in Texas
Modifying child support in Texas can be an emotionally taxing and complex process. An experienced family law attorney can help you gather the necessary evidence, develop a strategy, and present a compelling case to the court. Attorney Vonda Covington is dedicated to ensuring parents receive the child support payments they need and deserve. Do not hesitate to contact Covington Law Firm, PLLC, to schedule a complimentary case evaluation. We will respond within 24 hours.
