Modification of Child Support
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The court can modify child support if the circumstances of the child(ren) or a person affected by the order have materially and substantially changed since the earlier of:
(A) the date of the order's rendition; or
(B) the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or
(2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.
However, the court does not have the power to modify any amounts of child support prior to the date of service of citation or an appearance in the suit to modify.
It is important to realize that just because a court can modify a child support order does not mean a court will modify the child support order. There are many factors that the court may consider in deciding whether to grant the request for a modification.
Remember, when one party files a motion asking that an order of child support be altered in one direction -- for example a child support increase -- the other party may file a countermotion requesting that the support be altered in the other direction.
We can help you determine whether you can and should file for a modification of a child support order. Additionally, we can help you defend yourself from a request that the child support order under which you are living should be modified.