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Galveston, Harris, and Brazoria County Child Support Modification

Throughout Galveston County and all of Texas, child support is calculated as a percentage of an obligor parent’s monthly net resources not to exceed $8,550.  The ceiling (currently $8,550) is adjusted every six years as necessary to reflect inflation. Based on the monthly net resources of the obligor, a percentage is applied based on how many children are currently before the court and how many children, if any, the obligor has that are not before the court whom the obligor has the legal duty of support. This is the same in Brazoria and Harris Counties as well. The limits change occasionally so this information is current for 2017, but you should always consult with an attorney regarding the most current legal amounts for child support.

The Court with continuing, exclusive jurisdiction of a case may modify an order that provides for the support of a child. The court may modify an order that provides for the support of a child, if:

(1)  the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of:

(A)  the date of the order’s rendition; or

(B)  the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or

(2)  it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.

To determine whether there has been substantial and material change in circumstances so as to warrant modification of child support, court must compare financial circumstances of the child and affected parties at time that order was entered with their circumstances at time that modification is sought. Cole v. Cole, 882 S.W.2d 90 (Tex. App. 1994).

According to the Office of the Attorney General, the following are evidence of a material and substantial change in circumstances:

  • The noncustodial parent’s income has either increased or decreased,
  • The noncustodial parent is legally responsible for additional children,
  • The child(ren)’s medical insurance coverage has changed, or
  • The child(ren)’s living arrangements have changed.

In order to modify an existing child support obligation, a party must file a Petition to Modify the Parent-Child Relationship and have the other parent conservator personally served. After hearing the evidence and reviewing the current income of the obligor parent, if a court determines that there has been a material and substantial change in circumstances, the court will render orders for a “modified” child support obligation.

Please note that if the obligor parent has another child subsequent to an existing order, the initial/prior order is not automatically revised to reflect the new child. In this situation, a suit to modify is required to decrease the child support obligation to account for the new child(ren).

Contact one of our Galveston County Family Law Attorneys today at (281) 486-8125 to figure out how to proceed and what options are available to you. We are also experienced and familiar with all the court systems in the Houston Metro area, including the Harris County Family Courts and Brazoria County courts.