If a couple has divorced and they have children, one of the most important aspects of the agreement is child support. When the proceeding is completed, there will be an amount that must be paid from the supporting parent to the custodial parent. If this is not paid, the supporting parent will face legal issues that can have a wide-ranging influence on his or her life. In some instances, however, it is reasonable for either the supporting parent or the receiving parent to request that there be an agreement modification. It is important to know the basis for which this can be completed.
As with any post-divorce modifications, a child support order can be changed through a court hearing or through a review of the child support agreement, also known as the child support review process. In general, CSRP will be settled more rapidly than having a court hearing. Although these issues are often in dispute, there are times when the parents are able to come together and agree on the changes. The support order can be changed if the order was established three or more years before the modification request or its last change and the monthly amount ordered has changed by either 20 percent or $100 from what would be awarded when going by he state’s child support guidelines.
It can also be changed if it is found that there was a material and substantial change in circumstances from when the order was last completed. The material and substantial change means that one of the following has occurred: the noncustodial parent has been subjected to a rise or decrease in income; the noncustodial parent is responsible for other children; there has been a change to the child’s medical coverage; and the child’s living arrangements are different.
Those who are seeking to have post-divorce modifications with child support need to understand the details of how and why this can be done. It is possible to have an agreement modification, but it must be done through the courts for it to be legally binding. Speaking to a legal professional experienced in divorce and child custody can provide information and guidance on how to proceed with an agreement modification.
Source: texasattorneygeneral.gov, “Frequently Asked Questions bout Child Support Modifications,” accessed on Jan. 26, 2016
