July 20, 2023
Child Support

Navigating Child Support Increases in Texas: A Comprehensive Guide for Custodial Parents

As a custodial parent receiving child support in the Lone Star State, you’re likely acutely aware that the financial landscape of raising a child is ever-changing. Over time, as your circumstances evolve and the cost of living rises, the support you receive may cover less and less of your child’s needs. This situation naturally raises a crucial question for many Texas parents: How soon and how frequently can you petition for an increase in child support?

Contact a Woodlands child support lawyer at Bolton Law for the help you need.

Understanding the Timing and Frequency of Child Support Modifications in Texas

The Texas Family Code provides guidelines for when and how often parents can request modifications to existing child support orders. While the law aims to ensure stability for children, it also recognizes that financial circumstances can change significantly over time.

How Do You Go About Requesting an Increase in Child Support in Texas?

If you want your ex to pay you more in child support, you have a few options. First, you can come right out and ask your ex. If they agree to pay more, your child support lawyer in Woodlands can draw up a new order and submit it to the court.

Chances are that your ex isn’t going to voluntarily agree to increase their child support. Unless you promise to accept less money per month than they’d be required to pay under the child support guidelines, it wouldn’t make sense for them to agree to the change.

What if You and Your Co-Parent Cannot Agree to a New Child Support Agreement?

If you can’t come to a new agreement amicably, then you have two ways to request an increase in child support.

You can request a review of your current child support order through the Texas Child Support Review Process. This process is very similar to mediation. If the two parents can come to an agreement, the TCSR Officer will submit a copy of your new proposed order to the judge for approval.

Your child support lawyer can file a motion with the family court asking the judge to order an increase. Your ex will have 14 days to respond. Both parents will then have to attend a hearing before the judge. The judge will review the information the two of you submitted and make their final decision.

Texas Has Specific Rules About How Often You Can Request a Change in Child Support

In Texas, you must wait three years from the date of your existing order to request a change in child support, provided that the monthly amount of child support owed has changed by at least 20 percent or $100.

However, the law does provide an exception to the three-year rule for people who’ve experienced a material and substantial change in circumstances. If you can prove that you fall into this category, you can request a change at any time.

To prove that your circumstances have changed materially and substantially, your child support lawyer in Woodlands must prove the following:

This change has been substantial. For example, if your ex received a raise of $2,000 per year, it may qualify as material as income goes directly to the heart of determining child support. However, it isn’t a substantial change.
This change must be permanent or will persist for a significant period of time. The judge isn’t going to increase child support because the non-custodial parent signed a contract to work for a company for three or four months.

Navigating Child Support Modifications in Texas: Understanding the Rules for Requesting an Increase

In the Lone Star State, child support modifications are governed by specific regulations outlined in the Texas Family Code. These rules are designed to balance the need for stability in support arrangements with the recognition that financial circumstances can change over time. For custodial parents seeking an increase in child support, it’s crucial to understand the legal framework surrounding modification requests.

The Three-Year Rule and Substantial Change Threshold

Texas law stipulates a general waiting period of three years from the date of the existing child support order before a modification can be requested. This three-year rule is coupled with a requirement that the monthly amount of child support owed must have changed by either 20 percent or $100, whichever is less. This threshold helps ensure that only significant changes in financial circumstances warrant a formal modification process.Key points to remember about the three-year rule:

It applies to all child support orders issued by Texas courts
The clock starts from the date of the last order, not from when payments began
The 20% or $100 change is calculated based on the Texas Child Support Guidelines

Exception: Material and Substantial Change in Circumstances

While the three-year rule provides a structured timeline for modifications, Texas family law recognizes that life doesn’t always conform to neat three-year intervals. As such, an exception exists for cases involving a “material and substantial change in circumstances.” This provision allows parents to petition for an increase in child support at any time, provided they can demonstrate such a change has occurred.

Proving a Material and Substantial Change

To successfully argue for an increase in child support outside the three-year window, your child support attorney in The Woodlands must establish the following elements:

Substantiality of the Change:
- The change must be significant enough to warrant a modification
- Example: A $2,000 annual raise for the non-custodial parent might be material but may not meet the threshold of substantiality
- Courts consider the overall impact on the child’s needs and the paying parent’s ability to support
Permanence or Long-Term Nature of the Change:
- Temporary fluctuations in income or circumstances are generally not sufficient
- The change should be expected to persist for a significant period
- Example: A short-term contract or temporary job change typically won’t justify a child support increase
Relevance to Child Support Calculation:
- The change must directly affect factors considered in the Texas Child Support Guidelines
- Relevant factors include income changes, shifts in custody arrangements, or significant changes in the child’s needs

Examples of Potential Material and Substantial Changes:

Significant increase in the non-custodial parent’s income (e.g., major promotion or career change)
Loss of employment by the custodial parent
Diagnosis of a chronic illness or disability affecting the child’s needs
Substantial increase in educational or medical expenses for the child
Major changes in the custody or visitation schedule

The Role of the Office of the Attorney General (OAG) in Child Support Increases

The Texas OAG’s Child Support Division plays a crucial role in child support modifications:

Offers a Child Support Review Process (CSRP) to reassess support amounts
Provides resources and assistance for parents seeking modifications
Can initiate reviews of child support orders independently

Navigating the Modification Process

Gather Documentation: Collect evidence of the changed circumstances (e.g., pay stubs, tax returns, medical bills)
File a Petition: Submit a formal request for modification with the appropriate Texas family court
Serve Notice: Ensure the other parent is properly notified of the modification request
Attend Mediation: Many Texas counties require mediation before a court hearing
Court Hearing: If necessary, present your case for increased child support before a judge

Challenges in Seeking a Child Support Increase

Burden of Proof: The parent requesting the increase in child support must demonstrate the material and substantial change
Opposition from the Non-Custodial Parent: Be prepared for potential contestation of the modification request
Complex Financial Situations: High-income cases or those involving self-employed parents may require additional financial analysis

Seeking Professional Legal Guidance

Given the complexities of Texas child support law and the nuances of proving a material and substantial change, it’s advisable to consult with an experienced child support attorney in The Woodlands. A skilled lawyer can:

Assess the strength of your case for a child support increase
Help gather and present compelling evidence of changed circumstances
Navigate the legal process, including negotiations and court appearances if necessary
Ensure compliance with all Texas Family Code requirements for child support modifications

At Bolton Law in The Woodlands, our experienced family law attorneys specialize in child support modifications and increases. We understand the intricacies of Texas child support guidelines and can help you navigate the complex process of seeking a support increase, whether through the three-year review or based on a material and substantial change in circumstances.

Are There Any Other Ways Your Child Support Can Increase?

If you can’t justify an increase in the ways described above, that doesn’t mean your child support will stay the same forever. In Texas, you’ll receive cost of living increases automatically.

You’ll get a notice in the mail letting you know what your new support rate will be. One good thing about this is that it serves as a reminder that you should look at your child support situation.

This way, every year, you check to see if you qualify for an increase due to a material and substantial change in circumstances.

Frequently Asked Questions About Requesting An Increase In Child Support

What Are the Most Common Reasons for Requesting an Increase?

When you request an increase in child support, you need to offer a specific reason. Some of the most common reasons include:

Change in either parents’ income, be it an increase or decrease
Change in the children’s health care insurance premiums or coverage
Change in the number of days the non-custodial parent will have the kids
One of the parents has become responsible for another child
One of the children has a special medical, psychological, or educational need
The non-custodial parent has experienced a windfall, such as an inheritance

Your child support lawyer can’t make up a reason or exaggerate the change in circumstances. The court expects specific proof demonstrating that there has been a material and substantial change.

What Factors Will the Court Consider When Granting an Increase in Payments

There are many factors a court will consider when granting an increase in payments, such as:

The current financial situation of the paying parent: If the paying parent has experienced a significant change in income (either an increase or decrease), this may warrant a modification to the support payments.
The needs of the child: If there has been a significant change in the child’s needs (such as a medical condition), this may also warrant an increase in support payments.
The cost of living: If there has been a significant change in the cost of living (such as a move to a more expensive city), this may also warrant an increase in support payments.
The age of the child: As the child gets older, their need for financial support will generally decrease. This is typically considered when determining whether to grant an increase in payments.

How Long Does the Process of Increasing Child Support Typically Take in Texas?

The timeline for securing a child support increase in Texas can vary significantly depending on several factors. While every case is unique, it’s important to understand that the process of modifying child support orders often requires patience and persistence.

Here’s a detailed breakdown of what you can expect:

Initial Filing to Court Decision:
Generally, the process of increasing child support in Texas takes several months, typically ranging from 3 to 6 months. However, complex cases or those with significant opposition can extend beyond this timeframe.

Factors Affecting the Duration of Child Support Increase Requests:

Complexity of the case
Cooperation level of the other parent
Court backlog in your specific Texas county
Whether mediation is required or successful
Need for financial discovery or expert witnesses

Timeline Breakdown for Texas Child Support Increase Process:

Preparation and Filing (1-2 weeks):
- Gathering necessary documentation
- Consulting with a child support attorney
- Preparing and filing the modification petition
Service of Process (2-4 weeks):
- Serving the other parent with the modification request
- Waiting for the response period to expire
Discovery Phase (1-3 months):
- Exchanging financial information
- Potentially hiring expert witnesses for complex cases
Mediation (if required) (2-4 weeks):
- Attempting to reach an agreement outside of court
Court Hearings (1-3 months):
- Scheduling and attending court dates
- Presenting evidence for the child support increase
Final Order (2-4 weeks):
- Waiting for the judge’s decision
- Finalizing and implementing the new child support order

Expedited Process:

In some cases, such as when both parents agree to the increase, the process can be faster, potentially concluding within 1-2 months.

Contested Cases:

If the other parent strongly opposes the child support increase, the process can extend to 6-12 months or longer, especially if appeals are involved.

Temporary Orders:

In urgent situations, you may be able to request temporary orders for increased support while the full modification process is ongoing.

Key Considerations for Texas Child Support Increases:

The process starts when you file the petition, not when circumstances changed
Child support increases are not retroactive in Texas
Working with an experienced child support attorney in The Woodlands can help expedite the process
The Texas Attorney General’s Office offers a Child Support Review Process (CSRP) which can sometimes be faster than going through the courts

Remember, while the child support increase process in Texas can be lengthy, it’s crucial to initiate the request as soon as you recognize the need for modification. Every day without adequate support can impact your child’s well-being.

For personalized guidance on increasing child support in Texas and to potentially expedite the process, consult with a qualified child support attorney at Bolton Law in The Woodlands. Our experienced team can help navigate the complexities of Texas child support law and work towards securing the increase your child deserves.

Need Help Increasing Your Child Support? Contact Bolton Law Today

Navigating the process of requesting a child support increase in Texas can be complex and time-consuming. Whether you’re considering the Texas Child Support Review Process or going through the courts, it’s crucial to act promptly. Remember, new child support orders are not retroactive, so every day counts.Don’t let the complexities of Texas child support law overwhelm you. At Bolton Law, our experienced family attorneys in The Woodlands specialize in child support modifications. We can help you:

Why Choose Bolton Law for Your Child Support Increase Request:

• Expertise in Texas Child Support Laws: Our attorneys are well-versed in the intricacies of Texas Family Code and child support guidelines.
• Proven Track Record: We have successfully helped numerous clients obtain child support increases in Montgomery County and Harris County.
• Personalized Approach: We tailor our strategies to your unique circumstances and financial needs.
• Efficient Process: We work diligently to expedite your child support modification request.
• Comprehensive Support: From initial consultation to court representation, we’re with you every step of the way.How

Bolton Law Can Assist with Your Child Support Increase:

• Evaluate Your Eligibility: We’ll assess if you meet the criteria for a child support modification in Texas.
• Navigate the Texas Child Support Review Process: Our team will guide you through the OAG’s review procedures.
• Prepare and File Court Documents: We’ll handle all necessary paperwork for your child support increase request.
• Represent You in Negotiations: Our skilled negotiators will advocate for your child’s best interests.
• Court Representation: If needed, we’ll present a compelling case for increased support before a Texas family court judge.
• Ensure Compliance: We’ll make sure your child support increase request adheres to all Texas legal requirements.

Don’t Wait to Secure the Support Your Child NeedsRemember, in Texas, child support increases are not retroactive.

Every day without adequate support can impact your child’s well-being. Don’t let the complexities of Texas child support law delay your action. Contact Bolton Law today to start the process of requesting a child support increase.Take the First Step Towards Increased Child Support:

Call us at 281-351-7897 for a consultation with a skilled child support lawyer in The Woodlands.
Fill out our online form to schedule an appointment and discuss your child support increase options.
Let our experienced team guide you through the Texas child support modification process.

At Bolton Law, we’re committed to helping you navigate the path to increased child support in The Woodlands, Texas. Our dedicated child support attorneys are ready to fight for your rights and your child’s financial future. Don’t let outdated support orders compromise your child’s well-being.