Law Office of Jacqueline McNuttLaw Office of Jacqueline McNutt

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Child support can be modified

Divorce can be difficult for children, but most Texas parents are aware of this and work to make sure that their best interests are fully respected throughout the process. This includes figuring out a child support order that both respects a child's needs but also his or her parent's ability to pay. In some cases parents may decide on their own child support plan while in others a judge will issue the order.

It is important to remember that child support orders are not permanent. Children's financial needs fluctuate, or their parents earn raises or lose jobs. As such, child support orders can be modified in court to more accurately reflect these types of changes. However, parents must have their order modified in court and cannot simply agree to a new payment schedule on their own.

Parents who receive both child support and spousal support should also be aware that modifying one could affect the other. Child support generally takes precedence over alimony. Because of this, a modification to reduce child support can also lead to a reduction in spousal support.

Being able to modify a child support order is an important aspect of providing continual financial support to a child after divorce. Texas courts are often understanding of life changes and of parents who are doing their best to comply with the law by seeking a modification when necessary. However, since modifications cannot be retroactive, it is important for parents to file for a modification as soon as they realize they will be unable to meet their court-ordered payments.

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