Now, if a party seeks to modify a prior AGREED order in which the child support obligation differs from “guideline” support (amount is either greater than or less than what would have been required under Texas Family Code guidelines), the ability to modify that award is significantly changed. Tougher Standards for Non-Guideline Support Modifications of Child Support. Section 154.182 2. SUBTITLE D. ADMINISTRATIVE SERVICES. The September 1, 2018, change which promises to have the biggest potential impact on child support litigation moving forward is the amendment to Texas Family Code §156.401. FAMILY CODE. For more detailed codes research information, including annotations and citations, please visit Westlaw. The attorneys at Evans Family Law Group are experienced in these and other family law matters. If you would like to discuss a child support matter, you may contact the Bruce Law Firm, P.C. Internet Explorer 11 is no longer supported. This may no longer be the case and must be evaluated on a case by case basis. CHILD SUPPORT. To discuss any family-law or child-support issue, please contact Evans Family Law Group at (512) 628-2550. (a-2) A court or administrative order for child support in a Title IV-D case may be modified at any time, and without a showing of material and substantial change in the circumstances of the child or a person affected by the order, to provide for medical support or dental support of the child if the order does not provide health care coverage as required under This is significant for litigants who may have previously agreed to concessions in child support, like agreeing to pay a higher amount than the “guideline” or a lesser amount, in consideration of the other party’s agreements on matters such as child possession, custody or property division. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP . (a) The purpose of the procedures specified in the child support review process authorized by this chapter … THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP. CHAPTER 233. Whether you are the payor who is seeking a reduction or the payee seeking an increase, the standard is the same. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP SUBTITLE B. Google Chrome, Prior to Sept. 1, a court could modify child support, including orders for insurance coverage, based on evidence of a material and substantial change of circumstances of the parties or child(ren) from the date of the prior order, or the signing date of a mediated settlement agreement on which the order was based. (d) Release of a child support obligor from incarceration is a material and substantial change in circumstances for purposes of this section if the obligor's child support obligation was abated, reduced, or suspended during the period of the obligor's incarceration. Meaningful revisions to the Texas Family Code regarding child support and potential child-support modifications became effective Sept. 1 this year. Modification of Child Custody/Possession Orders, Law Firm Website Design by The Modern Firm, upon a showing of a material and substantial change of circumstances of the parties or the child from the earlier of the date of the prior order or the date of signing a mediated settlement agreement on which the order was based. As with all issues arising in family law litigation, the assistance of an experienced attorney can be invaluable in evaluating the circumstances of a particular case and providing viable options and strategies for further proceedings. Often, these concessions (or others) were made in anticipation that, after three years, a requested adjustment to the guideline support could be made. at 832-210-0093. Here's some information that can help. Also, previously, courts could make a modification based on proof that three years had passed from the date of the prior order, and the monthly amount of child support in the prior order would differ by either 20 percent or $100 from the current obligation under the Texas Family Code guidelines. The Sept. 1 change likely to be most significant to child-support litigation was the amendment to Texas Family Code Section 156.401. Section 154.1825 The court can modify a child-support order if… (a) The court shall, on the motion of a party or a person having physical possession of the child, modify an order providing for the support of the child to provide that the person having physical possession of the child for at least six months shall have the right to receive and give receipt for payments of support for the child and to hold or disburse money for the benefit of the child if the sole managing … The Sept. 1 change likely to be most significant to child-support litigation was the amendment to Texas Family Code Section 156.401. Because dental insurance is generally provided at a nominal cost under most plans, this modification shouldn’t be too significant for obligor parents. Child-support orders now must include an order that the obligor party (child-support payer) include dental insurance with the health insurance already required for the child(ren) subject of the order, if dental insurance is available to the obligor through employment, or otherwise at a “reasonable cost” (a figure that doesn’t exceed 1.5 percent of annual resources). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. upon a showing that three years has passed from the date of the prior order and the monthly amount of child support in the prior order would differ by either 20 percent or $100 from what would be the current obligation under the child support guidelines provided in the Texas Family Code. Grounds for Modification of Child Support on Westlaw, industry-leading online legal research system, Justices Reverse 5th Circuit Ruling in Case Against Black Lives Matter Activist, NY Federal Judge: Expecting Fathers Cannot Allege Pregnancy Discrimination Under Title VII, FCC Again Rejects Net Neutrality Even as Controversy Reignites. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. An experienced attorney can be invaluable in reviewing any family-law issue and providing a range of options and strategies for various cases. Attorney Lisa LeDoux Bruce is experienced in handling matters related to child support. Child support modification is addressed in Texas Family Code Section 156.401 through Section 156.409. All rights reserved. Generally, an obligated party is required either to independently maintain coverage for the child(ren) made the subject of the order or to reimburse the other party for the cost of providing coverage for the child(ren). This field is for validation purposes and should be left unchanged. Sec. SUPPORT OF CHILD. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS. Sec. Microsoft Edge. Prior to Sept. 1, a court could modify child support, including orders for insurance coverage, based on evidence of a material and substantial change of circumstances of the parties or child(ren) from the date of the prior order, or the signing date of a mediated settlement …