.2406210958524.jpg)
Child support plays a crucial role in ensuring that children receive the financial support they need from both parents. If you find out that the other parent is earning more money, you might wonder, "Can I change the amount of child support if the other parent now earns more?" This is a valid question, and in Texas, the answer largely depends on several factors, including the current child support order, the increase in income, and whether it significantly alters the child’s financial situation. In this article, we'll explore how child support modifications work, the legal process involved, and the factors courts consider when making these adjustments.
Understanding Child Support in Texas
In Texas, child support is typically determined by a court based on a set formula that takes into account the income of the non-custodial parent, the number of children involved, and the financial needs of the child. This formula is outlined in the Texas Family Code, Section 154.125, which establishes guidelines for calculating child support based on the obligor's net income. However, circumstances change over time. What happens when the obligor parent—meaning the parent who pays child support—starts earning significantly more than they did when the original support order was issued? Is it possible to request a modification in the child support amount?
The good news is that in Texas, child support can be modified if certain criteria are met, such as a substantial increase in the paying parent’s income. This ensures that the child continues to benefit from both parents' financial resources, reflecting any changes in their economic situation.
What is Considered a "Significant Change" in Income?
The Threshold for Modification
To qualify for a child support modification in Texas, there must be a significant change in circumstances. This can include an increase in the paying parent’s income. But what does "significant" mean? According to Section 156.401 of the Texas Family Code, a modification can be granted if there has been a substantial and material change in the financial circumstances of one or both parents. This typically means that the change in income must affect the ability to meet the child’s financial needs or alter the fairness of the existing support arrangement.
In practical terms, if the parent paying child support receives a substantial salary increase, obtains new employment with higher earnings, or gains additional income from other sources, this could meet the threshold for a modification request.
The 20 Percent or $100 Rule
Texas law also provides a more specific guideline known as the "20 percent or $100 rule." Under this rule, you can request a modification if the change in income would result in a support amount that is at least 20 percent or $100 different from the current child support obligation. For example, if the paying parent’s income has increased to the point where the new calculation under the Texas child support guidelines would result in $150 more per month, you may be eligible to request a modification.
How to Request a Modification in Child Support
Filing a Petition for Modification
If you believe that the other parent’s income has increased and qualifies for a modification, the first step is to file a petition with the court. This legal document outlines your request for a change in the child support order based on the increase in the other parent’s income.
Evidence Required: To succeed in your modification request, you will need to provide evidence of the other parent’s income increase. This could include pay stubs, tax returns, or other documentation showing their current earnings.
Mediation: In some cases, Texas courts may require mediation before a formal hearing is scheduled. Mediation allows both parents to discuss the modification request and potentially reach an agreement without going to court.
The Court Hearing
If mediation doesn’t lead to an agreement, the case will proceed to a court hearing. During the hearing, both parents can present their arguments, and the judge will decide whether a modification is warranted. The judge will consider factors such as the new income level, the child’s needs, and the existing support arrangement.
Retroactive Modifications
It’s important to note that Texas courts typically do not grant retroactive child support modifications. This means that if the other parent has been earning more for several months, you cannot seek additional payments for that time period. The modification will only apply from the date you filed the petition.
Factors the Court Considers
While an increase in income is a significant factor in modifying child support, the court will also consider other elements, including:
The Child’s Needs: The court will evaluate whether the child’s needs have changed since the original support order. This could include educational expenses, healthcare costs, or extracurricular activities.
Income of Both Parents: Even if the paying parent’s income has increased, the court may also consider whether the receiving parent’s financial situation has changed.
Current Support Orders: If the original child support order already covers a fair portion of the child’s needs, the court may be less inclined to make drastic changes unless the income difference is substantial.
Best Interests of the Child: Ultimately, the court’s decision will always prioritize the child’s best interests. The increase in child support must benefit the child and reflect their needs and well-being.
Should You File for a Child Support Modification?
If the other parent is now earning significantly more money, you may be entitled to a higher child support amount. However, the process is not automatic, and it requires you to take legal action by filing a petition with the court. Modifications can be granted if the income increase meets the thresholds outlined in Texas law, such as the 20 percent or $100 rule.