Modifying Child Support and Child Custody Orders in Texas

August 01, 2012

When Texas children do not reside with both parents -- either because of a divorce or because the parents were never married -- either parent can go to court to request an order for child support or child custody (also called conservatorship).

Many parents mistakenly believe that these orders are set in stone. This is not true. Although the bar can sometimes be high, both child support and child custody orders can be changed.

Child Support Modification

Under Texas law, a parent's child support obligations can be modified under one of two circumstances. The first is when it has been at least three years since the support order was entered and the monthly child support payment varies by at least $100 or 20 percent from what would be ordered under the child support guidelines.

The second is when there has been a "material and substantial change in circumstances" since the monthly support amount was set.

Judges will look at all the factors in a case to determine whether there has been a material and substantial change. However, the following four scenarios are the most common grounds for ordering child support modification:
- The noncustodial parent has seen a significant change in income
- The noncustodial parent has become legally responsible to support additional children
- Medical insurance coverage for the children has changed
- The children have different living arrangements

An order for joint custody, in and of itself, is not enough to change a parent's child support obligation.

Child Custody / Conservatorship Modification

The process for modifying child custody varies depending on the length of time since the most recent custody arrangement was ordered.

If less than one year has passed, the court will modify a conservatorship order only if the parent with managing conservatorship voluntarily relinquishes custody, or if there is evidence to prove that the current living situation is putting the child's physical health or emotional development at risk.

It is much easier to modify conservatorship orders that are more than one year old. In those cases, changes may be made so long as modification is in the best interests of the child and at least one party's circumstances have materially and substantially changed since the initial order was entered.

Judges will also consider children's requests to change conservatorship arrangements, so long as the child is at least 12 year old and the new arrangement is in the child's best interest.

Consult With a Lawyer

Even when strong legal grounds for modification of child support or conservatorship exist, the process can be tricky if the other parent objects to the change. If you are seeking a post-decree modification of a child support or custody order, don't make the mistake of trying to handle things on your own. Work with an experienced family law attorney who can help make sure you and your children are protected.

Article provided by Kerr & Hendershot, P.C.
Visit us at www.k-hpc.com