When you got divorced last year, the Court required you to make monthly child support payments to your former spouse. You’ve always ensured that those payments were made on time, and you intend to keep it that way. But your company recently went through a buyout, and while you didn’t lose your job, the role they placed you in now comes with significantly less pay. As a result, you’re looking for any relief you can get on upcoming obligations. This is where a child support modification request can help.
Modifications are common in family law. They are used to make changes to an existing Court order on everything from child custody to spousal maintenance and even child support payments — provided there is a legitimate reason based on changing life circumstances.
You can request a modification of your child support if…
- The order was established/last modified more than three years ago; and
- The monthly amount of the child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded, according to child support guidelines.
OR
- A material and substantial change in circumstances has occurred since the child support order was last set.
How To Request a Child Support Modification
Please consult an attorney for advice about your individual child support situation. However, payments are generally calculated based on a percentage of the paying parent’s income. To determine this, the court calculates the monthly net income of the paying parent and multiplies it by a percentage based on how many children need support.
Several factors can impact the child support calculation, such as income level, children of a prior relationship, or the special needs of the children.
However, if your net monthly income is $9,200 or less, the typical breakdown is as follows:
- 1 child – 20% of the monthly net income
- 2 children – 25% of the monthly net income
- 3 children – 30% of the monthly net income
- 4 children – 35% of the monthly net income
- 5 children – 40% of the monthly net income
If you are ordered to pay child support, you must continue to do so for the length of the order. Perhaps you lost your job, switched jobs, or received a surprise pay cut. In these situations, the paying spouse needs to communicate with the other spouse, possibly work out a new payment schedule, and seek a child support modification agreement from the Court. The paying parent will likely still owe any monies that haven’t been paid up to that point, but lower payments moving forward, a possible reduction of arrears from the Court, and a payment plan could help them get caught up.
When you file a modification, you will need to provide evidence that justifies why you made a request.
When in doubt, it’s important to speak with a qualified family law attorney about your situation so that they can craft a plan that addresses these issues and ensure every last detail is accounted for.
Please call Christman | Daniell for your legal needs today!
Looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
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