Changes are a fundamental aspect of life. Although some of these changes come to us unplanned, we must still do our best to accept them and learn from them.
If you and your child are going through a significant change in your circumstances, you may seek the Texas family courts with assistance in the matter by filing a request for an update of your child support costs.
To help provide a better understanding on this topic, here are four commonly asked questions about child support modifications in Texas:
When can I update my child support order?
You can ask the court for an increase or decrease in your child support costs if your existing order is at least three years old or if you are going through a “material and substantial change” in circumstances.
Although each modification case is unique, three common examples of these changes include relocating to a new state, getting promoted at your job or an evolving expense related to your child’s educational and medical needs.
How much does it cost to file a modification case?
When you file a modification case in Texas, you must shoulder a court filing fee. However, the court fees vary by county. The best way to learn about the actual costs is to call the district clerk’s office in the county where you plan to file your petition.
What if I cannot afford the court fees?
If you are receiving low-income government benefits such as public housing, food stamps or Medicaid, you may ask a judge to waive your court fees. You can do this by filling out a Texas fee waiver form entitled “Statement of Inability to Afford Payment of Court Costs.”
You may also use this form if you are being represented by a lawyer for free through a legal aid provider.
Can I stop following my support order as soon as I file a modification case for it?
No. You must honor the proper legal process, or you risk facing penalties and other legal consequences. This means that you need to follow your existing child support order until the judge signs a new order.
By understanding your rights and the Texas family code modification laws, you can file your petition with confidence and ensure that your child’s needs can always come first.
