When You Need a Modification for Your Child Support Order

April 06, 2011

Your divorce is final and you have been receiving the required child support payments from your ex-spouse. You think, things are going as well as you could expect, given the circumstances.

Spring arrives and your child decides he or she would like to play baseball. Great, but then comes the extra expenses. Expenses not factored into your support payment. How are you to handle the additional expenses you suddenly have to deal with, expenses that were not considered by the terms of your child support order?

Material Change in Circumstance

The standard the court will look to is whether there has been material or substantial change of circumstances warranting a modification of an existing child-support order. The trial court will consider the Texas child-support guidelines and may consider other relevant evidence in addition to the factors listed in the guidelines. The trial court has broad discretion in setting and modifying child-support payments.

Many Factors Affect the Determination

The reason the court is granted broad discretion for these determinations is the extreme variability of individual situations. Many extra expenses that may develop after the initial order is in place include special needs of the child -- reading and language -- impairments, tutoring, academic language therapy, occupational therapy, dental care, psychotherapy, optometry, allergy and dietary restrictions, band or orchestra, extracurricular activities, sports, transportation costs, school supplies, computers, and books.

Parental Resources

The determination of child support does not depend solely on current earnings, but extends to all sources that might be available. The court may look to all wages, salary and all other income actually being received, including gifts and prizes.

Changes in circumstances such as job promotions, prolonged unemployment or disability may affect the noncustodial parent's payment status in the years following the establishment of the support order.

These changes may justify a modification in the support order. The burden is on the requesting party to demonstrate to the court the requisite change in circumstances.

The importance of properly documenting the rational and support for the change cannot be overstated. The court wants to have ample evidence that there is a genuine need for the best interests of the child, and not simply participate in a battle waged in spite between the ex-spouses.

If you have a change in circumstances that you feel warrants a modification of child support, speak with an experienced attorney experienced.

Article provided by Richard T Bell & Associates PC
Visit us at www.rtbell-law.com