Child Support Modification
Over time, your ability to provide financial support to your children might change. This may be due to a serious illness, change in employment, or even being deployed in the military. There are options available to help you modify your support obligations if necessary. There are also options available to a parent who feels like the other parent is not providing adequate support to a child. Above all, parents should remember that child support is not supposed to be a punishment or a form of revenge. Child support is a very real obligation that is designed to provide for the needs of the child, and child support orders should only be modified where absolutely necessary.
Houston Child Support Modification Attorneys
The attorneys at Wilhite & Lea, P.C. are dedicated to helping you and your family find the solution that works best for everyone. We understand that situations may have changed from the initial child support decision, and we will work to promote the best interests of you and your child in the modification of your child support order. If you have questions regarding modification of child support order in the greater Houston area, including Haris, Montgomery, Fort Bend, Waller, Washington, and Grimes counties, contact our Houston family law attorneys to schedule a free consultation and discuss the details of your case.
Child Support Modification Information Center
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The Duty to Support
In Texas, parents have the legal obligation to support their children until the child reaches the age of 18, or until the child stops going to highschool. If your child was disabled before his or her 18th birthday, that duty will extend into adulthood. This duty to support does not apply to children who are self-supporting, living away from home (if over the age of 16) or married. If the parent who pays child support dies, the obligation to pay does not die with him, but will accelerate and be due immediately from his or her estate.
You may not stop paying your child support simply because you believe the amount is too much, or because you have been denied visitation with your child. In both cases, there are legal remedies available to you, and you should talk to a lawyer.
Likewise, filing for bankruptcy will not relieve you of your duty to pay child support. Even if your debts are discharged, you must continue to pay child support.
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How Child Support Amounts are Determined
The amount of child support you will pay is determined by the court under statutory guidelines. The court is required to look at 5 factors when deciding how much child support is appropriate:
- The statutory guidelines
- The needs of the child
- The ability of the parents to support the child
- Any other resources available to support the child
- The amount of access to the child the parent has
The statutory guidelines are somewhat complicated. The amount of child support recommended by the statute is a fixed percentage of the parent’s “net resources”, taking into account the number of children involved. For example, a parent will pay 20% of his net resources in child support if he has one child, but he will pay 40% if he has five. The law presumes that the statutory guidelines are reasonable and in the child’s best interest.
A parent’s “net resources” include all of their income, minus some deductions for things like FICA, income tax and health insurance costs for the children. Net resources are capped at $7500 a month. Even if you make more than that amount, the court will not order additional support unless the child has special needs.
Your attorney can review your child support obligations and finances with you to determine whether the statutory guidelines were applied correctly in your case.
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Modification of the Support Order
There are two circumstances where the support order might be modified. First, if the circumstances of either parent or the child have changed, the court may modify the order.
Some examples of changes of circumstance which might warrant a modification include:
- Release from prison
- Serious illness or injury
- The birth or adoption of another child
- Deployment or being called to Active Duty
Second, the court may modify the order if it is not in line with the statutory guidelines. However, the order will only be modified if three years have elapsed since the order was entered, and the amount of support differs from the guidelines by either 20% or $100.
Either parent may file a Motion to Modify the Support Order with the court. Whether you believe you can no longer make your current child support payments, or you believe the other parent should be paying more, our attorneys can work with you to determine whether a modification is appropriate in your case.
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Wilhite & Lea, P.C. | Texas Child Support Modification Lawyers
The Houston modification attorneys at Wilhite & Lea, P.C. are committed to excellence in family law representation. We will help you find solutions that are right for your family. If you are in Houston and Harris County, including: Spring, Cypress, Klein, Humble, Tomball, the FM 1960 area, North Houston; and Montgomery County, including: Conroe and The Woodlands; as well as the surrounding counties of Fort Bend, Grimes, Waller, and Washington, contact us today to speak directly with one of our attorneys about your case.