Under what circumstances can a parent’s child support obligation be modified?

The court may modify an order that provides for child support if the circumstances of the child, or the parent paying support, have materially and substantially changed. Texas Family Code 156.401 (a)(1). The way to address this issue is to file a Motion to Modify the child support payment. A parent has a monthly court ordered obligation to pay support that continues to accrue unless the order is changed. In fact, the court has the discretion to retroactively reduce the child support obligation back to the date of filing or when the parent receiving support is given notice. So for example, in the case of a job loss, a Motion to Modify child support should be filed as soon as possible.



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