When a prospective client arrives at the Law Office of Bryan Fagan seeking a modification of their Texas child support order, it’s usually for a straightforward reason. Often, they’ve experienced a significant change in their income and require a reduction in their monthly support payments. Our family law office has experience in this process, and we believe it’s important to educate the public about how to initiate these changes.
Child Support Modification
File a petition to modify in the jurisdiction where the initial order was issued to start the process. It’s worth noting that the Law Office of Bryan Fagan, PLLC serves various southeast Texas counties, including Harris, Montgomery, Ft. Bend, Liberty, Waller, and Galveston.
Texas law permits child support order modifications under two circumstances:
1. If the support order is over three years old, and the new monthly child support amount, calculated using the statutory guidelines in the Texas Family Code, differs by at least 20 percent or $100.
2. If the petitioner can prove a material and substantial change in the circumstances of one or more parties since the last child support order or the signing of a mediated or collaborative law settlement agreement on which the order is based. Alternatively, they can demonstrate substantial changes in the circumstances of the child(ren).
Change in Circumstances
What constitutes a material and substantial change in circumstances? While the law doesn’t provide an explicit definition, some common scenarios that may lead to child support modification include:
– Job loss
– Significant income change for the paying parent
– Legal responsibility for additional children not included in the current case
– Special needs of the child (e.g., medical, educational, or psychological)
– Alterations in the living arrangements of the child(ren)
It’s important to note that child support modifications do not occur automatically. A court order stays in effect until a judge signs a new order. Texas Family Code stipulates in Section 156.401(a-2)(b) of that a support order can only be modified concerning future obligations after one of the following events takes place:
– The date of service of citation
– An appearance in the suit to modify
Essentially, you can request a change as soon as legal papers notifying your ex-partner of your intent to modify child support are served. If you delay this process and your ex-partner does not agree, your obligation can only be altered as explained earlier.
Contact the Law Office of Bryan Fagan
At the Law Office of Bryan Fagan, PLLC, our attorneys are well-prepared to handle your modification case. Feel free to contact us to learn more about how we can assist you.
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Other Articles you may be interested in:
- How to Modify a Child Support When You Need Above Guidelines Support in Texas
- What do I do if I have overpaid child support in Texas?
- Child Custody Basics in Texas
- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
- Why Ignoring Child Support Obligations is a Bad Idea in Texas
- Texas Child Support – Trust and Annuities
- Special Needs Children in Texas Child Support Cases
- How to get above guideline child support.
Law Office of Bryan Fagan, PLLC | Spring, TX Child Support and Custody Lawyers
Our Spring, TX Child Support and Custody Lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
