Texas Child Support and Custody Modification

If you have a child support order, you know it sometimes needs updating. Texas child support guidelines allow you to review the order every three years and modify it if necessary. Either parent can request a modification if there has been a substantial change in the parent’s income or the child’s needs since the last review.

Parents may request child support modification through the court that wrote the original support and custody order or through an in-office review called a Child Support Review Process (CSRP). Parents should not alter the amount of child support payments or custody arrangements without a court hearing.

If you have a child support issue, contact a family law attorney today.

Texas Child Custody and Support Modification

Under Texas laws (Texas Family Code § 156.001 et seq.), the court with jurisdiction may modify any order for custody, conservatorship, support, or access to a child. Either parent can make a modification request.

Support Modification

Family Code § 156.401 explains the grounds for support modification. The law does not define a “significant change” in circumstances. Child support cases get reviewed on a case-by-case basis. Significant changes may include:

• An increase or decrease in the obligor’s income, such as a pay raise or a cut in work hours
• A change in the child’s living arrangements or educational needs
• The obligor parent has responsibility for another child, which affects the amount of child support due
• A change in the child’s medical insurance or medical needs

Child Custody Modification

Changing a custody agreement is not as straightforward as modifying the support order (§ 156.101 et seq.). Only the family court that made the original order can change the custody or visitation order. The modification must be in the best interests of the child. The judge can consider the child’s preference if the child is over 12. In general, courts only consider custody modifications when:

• The parents or conservators have agreed to such a modification
• The present environment is harmful to the child’s physical health or emotional development
• One parent must relinquish custody due to military deployment

If the child’s safety is at immediate risk following a conviction of domestic violence or child abuse, courts may issue temporary orders immediately transferring possession of the child to another conservator until a judge issues a new order.

Private Modification

The modification process is cumbersome, and parents may not want to wait for a court order, especially if the change is temporary. A noncustodial parent might agree to keep the kids for a few weeks while the custodial parent is out of town. Knowing the obligor was out of work, the payee parent might let some late support payments slide.

Parents should not change the existing order for custody or support without filing a notice with the court. Even if all parties agree to the temporary change, the court must know what has happened. Texas courts allow parents to file a Motion for Temporary Orders if their case has short-term changes. Talk to a family law attorney about these temporary motions.

Get Legal Advice From a Texas Family Law Attorney

Texas family law focuses on maintaining the parent-child relationship and the well-being of the child. Parents should discuss their modification case with an experienced Texas family law attorney when they need to make any changes in the support amount or visitation schedule.