Modify Child-Support Payments?
My ex-husband got a new job making more money. Can I get him to pay more in child support?
Possibly. Child-support payments can be modified but typically only with court approval.
As addressed in recent “Common Law” columns, Texas has created guidelines to be used by courts when calculating the amount a noncustodial parent (i.e., the parent who does not have primary custody) should pay for child support. The guidelines work on a sliding scale, depending heavily on the number of children that the noncustodial parent needs to support. For example, if the noncustodial parent’s net monthly income is less than $7,500 (Note: “The Common Law,” Nov. 28, stated that the net income limit is $6,000, which was the previous limit. Texas law currently states that the guidelines will generally apply for monthly net resources up to $7,500 per month.), the amount paid for child support would be the following percentage of the monthly income:
20% for one child,
25% for two children,
30% for three children,
35% for four children,
40% for five children,
not less than 40% for six children.
Either parent can seek to modify the child-support order to increase or decrease child-support payments. A court that reviews the modification request will follow basic guidelines to determine whether the child-support amount should be increased. A standard guideline for modification is whether there has been a material and substantial change in the circumstances of a child affected by the order or in the parent’s ability to pay. A modification request based on a parent’s ability to pay can normally be raised no more than once every three years.
For example, child-support payments are sometimes increased when the child has special needs and/or increased educational expenses. It is also possible to increase child-support payments if the noncustodial parent obtains a new job or a significant raise that increases his or her ability to pay. Alternatively, child-support payments are sometimes decreased if the noncustodial parent loses his or her job, is demoted, or the primary custody parent begins to make more money. Child-support payments could also be decreased if the child no longer incurs certain expenses (daycare is a good example).
You can hire an attorney to assist in modifying child-support payments. In addition, you can contact the Texas Attorney General’s Child Support Division (512/460-6000) for more information on revising child-support payments.
This article appears in December 12 • 2008.