There comes a time when an existing child support order may need to be modified. There are set guidelines on qualifications to modify a child support agreement, and knowing the rules can help make the process simpler.
Texas law recognizes that there comes a time when child support orders need to be modified, and recognizes that there are sometimes substantial changes in a parent’s life that may necessitate a modification of child support. One reason may involve medical conditions that can affect a parent’s ability to work. A change in jobs or lowering of salary may also necessitate a modification if a parent can show that he or she is no longer financially able to pay the current amount. Remarriage of the payer may also cause a change in financial circumstance when new biological children are brought into the family. Requesting a modification in child support is simpler when you use an experienced attorney from Nunis & Associates.
In Texas, the court can modify a child-support order if it has been more than three years since the current order was rendered and the amount of child support differs by a minimum of $100 or 20 percent from the initial amount awarded. Outside of the three year rule, a party can request a modification based on a material & substantial change in circumstances.
If you were required to pay for your children’s health insurance and are no longer able to carry insurance, you may request a change. For instance, if the other parent can get reasonably priced health insurance, the agreement may be modified so that you can reimburse your portion of the health insurance to the other parent. In addition, if you find other medical insurance, the support order can be changed to reflect the new amount you are paying.
If you have lost your job or switched to a job that pays less or become unemployed, you can request a modification in child support that reflects your new status. When unemployed, the calculation is based on the minimum wage, whether you are able to work and past employment. If the parent paying child support has obtained new employment and an increase in salary, a modification can be made increasing the child support ordered.
When your request for modification for child support is reviewed, you will need to provide certain documents to support your claim. These documents may include tax forms, copies of your pay-stubs or information from a new employer that provides an accounting of your earnings. If a parent is paying for health insurance, this information will be necessary also, since it a portion of the child support payment.
Requesting a modification of child support payments can be a necessary process when an individual is faced with a change in circumstances. Contact Austin divorce lawyers, Nunis & Associates at (512) 236-9696, to ensure that your modification goes as smoothly as possible!