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(833) 553-4251
(833) 553-4251 Schedule a Meeting 
(833) 553-4251
(833) 553-4251 
Schedule a Meeting (833) 553-4251
(833) 553-4251 (833) 553-4251 (833) 553-4251 The state of Texas recognizes that, over time, children’s needs evolve and that parents’ circumstances change. As such, state law allows modifications to child support orders when a material and substantial change has occurred. A modification is also supported if the current support order has been in effect for at least three years and the altered amount reflects the minimum baseline for change.
These complicated rules and regulations surrounding child support often necessitate the need for legal guidance. An experienced Austin child support modification lawyer at Kimbrough Legal, PLLC, is ready to help you. Speak with our child support attorneys if you need help with an order alteration to learn how we could assist your case.
Before getting into modifications, it is important for those seeking a change to understand the child support basics, which an Austin lawyer could assist with. The parent paying child support is typically dependent on which parent the child primarily lives with, making the other the non-primary parent. When parents share parenting time evenly, the higher earner typically makes the child support payments.
Once that is determined, the paying parent usually pays 20% of their net monthly income for one child, increasing by five percent per additional child. For six or more children, the child support payment will be at least 40% of the paying parent’s net income. Child support obligations end when each child reaches the age of 18 or graduates from high school, whichever comes later.
Texas courts have considerable discretion in altering child support, but the modifications they make must be based on material and substantial changes in circumstances. When it comes to establishing a material and substantial change, it generally must relate to one of the following for either parent:
An Austin lawyer could help you identify if you qualify for a child support modification under any of these substantial change categories. There is no waiting period required with these qualifications. However, if it has been at least three years since your child support orders were assigned or last changed, you could seek a modification without proof of material or substantial change, so long as the change calculated in accordance with the state guidelines reflects a difference of at least $100, or 20%.
A court can approve changes if you can reach an agreement regarding a child support modification between yourselves. However, you must address your revisions with the court and gain approval even if you and your co-parent agree. If you fail to do so, your current orders will remain legally binding, leaving you unable to enforce the modification. Having an Austin lawyer with experience in child support changes could ensure that this does not happen.
Withholding child support may seem like a natural reaction if an ex-spouse is not abiding by a parenting-time schedule, but this is not permissible under the law. Both child support and parenting time are determined in accordance with the children’s best interests by a court. As such, using child support or parenting time to punish another parent only hurts the children. Your focused attorney in Austin could help you effectively and efficiently resolve your child support modification with the court to avoid conflict with your co-parent.
When it comes to your family, nothing is more important than protecting your children and their future. A knowledgeable Austin child support modification lawyer at Kimbrough Legal, PLLC, could help you build a strong case and obtain the changes you seek to your child support case. We encourage you to reach out today for more information about how we could help by contacting us online or calling our office.
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