Child support in Texas exists for the protection of children whose parents live separately. The support paid by one parent helps ensure that the other can reasonably meet the needs of the children. When the courts establish a child support order, they look at the financial circumstances of both parents, the standard of living the children have known and even the division of parenting time.
There is an expectation that the parent ordered to pay support should prioritize that obligation above most other financial responsibilities. Occasionally, those paying support find themselves struggling and may need to ask the courts to modify or adjust their child support obligations.
What are some of the more common reasons that family law judges may agree to adjust child support requirements?
Medical challenges
A diagnosis of cancer, severe injuries caused by a car crash or an illness that prevents someone from working could lead to severe financial hardship. Between medical expenses and a loss or reduction in income, the person paying support may no longer be able to make ends meet. Those with evidence of medical issues and financial challenges resulting from those issues can sometimes ask the Texas family courts to reduce their child support obligations.
Job loss or wage reduction
Sometimes, a parent paying child support gets fired or faces and indefinite layoff due to their employer restructuring. Other times, they may get demoted to a different position or accept a position with a different company that pays them less. Changes in employment that result in a drop in income can sometimes justify a child support modification. However, judges tend to scrutinize such cases very carefully.
Some parents intentionally limit their earning potential as a means of avoiding child support responsibilities. If there is any indication that someone is voluntarily unemployed or underemployed, the courts may refuse to modify child support or may only offer a minimal reduction in someone’s payment obligations.
Improved circumstances for the other parent
Occasionally, it is the good fortune of the other parent, not the misfortune of the parent paying, that warrants a child support review. When the parent receiving support significantly increases their income, that change may alter what the courts require the other parent to provide.
In scenarios where there has been a major shift in household finances for either the party paying or the party receiving child support, it may be possible to review and modify a support order. Pursuing a child support modification as soon as possible can help families to support their children appropriately.