Under What Circumstances Can Child Support Be Modified in Texas?

A child support obligation must be based on current income figures.

Child support modification in Texas is only possible in limited situations because Texas is a percentage-of-income state. So, in most cases, the only two relevant factors are the income of the obligor (person paying support) and the number of children under 18. Judges may consider other factors in a few cases. These factors include the child’s special needs and the proportion of overnight visits between the parents.

All, financial circumstances, especially income levels, change frequently, and children grow up quickly. As a result, child support levels require frequent modification, and sometimes, families outgrow the child support guidelines. For these reasons, a Ft. Worth family law attorney should review child support orders frequently. That’s especially true if the obligor is delinquent. This delinquency often means the child support obligation was set incorrectly.

Child Support Guidelines

As mentioned, the only two factors in the child support guidelines are the obligor’s net income and the number of eligible children. So, the cash amount is easy to determine. The only major wrinkle is that net income for tax purposes is often different from net income for child support purposes. More on that below.

As for the number of children, the percentage starts at 20% for one child and increases by 5% for each child, up to a maximum of 40%. More on that below as well.

These guidelines are presumptively reasonable. This presumption is usually difficult to overcome. Generally, a judge must affirmatively find, based on the evidence presented, that the guideline formula is unworkable or inappropriate. The guidelines also do not apply to high or low-earning parents.

If the judge bypasses the guidelines, the judge must set an amount based on the best interests of the children. Relevant factors include the income of both parties, a child’s special needs, and the proportion of overnight visits.

Obligor’s Income

As mentioned, child support net income may be different from income tax net income. Some deductions, like 401(k) contributions and loan repayments, are not allowable for child support purposes.

Obligors must also maintain health insurance for children. If the obligee wants a better health plan (lower deductible, etc.), the obligee must usually pay the difference. Furthermore, obligors are not responsible for dental or vision insurance.

The obligor’s income has a good faith element as well. Obligors cannot quit their jobs to lower their child support obligations. They also cannot move money to LLCs or engage in other shenanigans for the same purpose. Usually, a Ft. Worth family law attorney must carefully unravel such advanced schemes.

Children’s Ages

In most cases, child support terminates when a child graduates from high school. It also terminates if a school dropout turns 18 or if the child marries, dies, or joins the armed services. Child support in Texas does not include college tuition sharing or other such agreements. However, if the parents agree to such things in writing and file them with the court, they are usually enforceable.

Speaking of child support enforcement, if an obligor is delinquent, an obligee has several enforcement options, from a gentle reminder to, in some cases, incarceration.

Count on a Detail-Oriented Tarrant County Attorney

Child support modification is almost inevitable at one time or another. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whittaker. The sooner you reach out to us, the sooner we start working for you.