Family relationships can be complicated. There are few areas where this is more keenly felt than parenting through or after a divorce. Child support and custody arrangements may go through multiple changes (or modifications) during a child's years as a dependant. As a result, it's important to understand the options for Texas child support modification available to you in these complex situations.

One of the most common instances of child support modification is when a child changes primary homes. If, for example, you are paying child support to your ex-spouse until your child turns 18 or graduates high school, but your child moves in with you per the agreement of your ex-spouse, you will likely want to seek a child support modification.

It's essential to note, that your child support agreement does NOT automatically stop when your child moves back in with you! There are distinct actions to take that we will describe below. 

 The Function of Child Support 

The purpose of child support is to establish a clear, consistent way for co-parents to share the costs of raising a child. In Texas, Section 154.125 of the Texas Family Code establishes guidelines of varying percentages of net resources to be paid as child support, depending upon the number of children involved. It is a rebuttable presumption (an assumption made by the court) that child support based upon the guidelines is in the child’s best interest. In other words, the child support plan is considered optimal until protested or proven otherwise.

While the court will uphold the law and seek a just outcome, this means that you need to be an active participant in securing child support arrangements that you deem fair. Partnering with a good lawyer and pursuing the most reasonable agreement for the well-being of your child are crucial.

What Happens to Child Support When the Mom Leaves?

In some instances, a mother with primary custody will leave her child(ren) with the father who was previously paying child support. If the child is now permanently living with the father, then the father needs to file for custody modification. Once granted primary custody, the father can then contact the state and begin filing for a child support modification.

This process is not always as cut-and-dry as it sounds. If the mother can't be found after leaving the child(ren) with the father, for example, the process could take substantially longer. If you are in this situation, you may need to apply for service by publication for your child support modification case. This means that after conducting a 'diligent' search for the other parent, you have a notice published in a newspaper and the Texas public information site instead of serving the case documents directly to the other parent.

The other parent has two years to respond to the publication, and can ask for a new trial during this time. It's extremely important that you consult your lawyer both while searching for the other parent, and through the publication process.

If the other parent will not participate in the case, then your hope is to receive a default ruling from the court. The likelihood of a default ruling will depend on circumstances. If the child is living with the father for a whole year, for example, the likelihood of a default ruling may be higher.

 Texas Child Support Modification  Steps

The good news is that child support can almost always be modified. However, child support is generally only modifiable prospectively. This means that even if your child is living with you, your obligation to pay will continue until you file a motion to modify child support.

If you want to modify or stop your child support obligation, you will need to file a motion as soon as possible. Typically, the simplest way of doing this (if your situation is fairly straightforward and amicable) is to go through the Texas child support review process (CSRP). This is both faster and less expensive.

If you and your former spouse can't come to an agreement, or they have disappeared as discussed above, you will likely need to take the case to court with the help of a family law attorney. This process is more expensive and generally time-consuming, but it is sometimes necessary for the child's best interest.

The child custody modification process may be impacting your life right now. A court may sympathize with your case, but legally they can only move to improve your situation after you have filed for modification. Your costs up to that point are on you. Prompt action on your part is necessary!

 Getting Started 

If your next steps are still unclear, or you feel that your case is too complicated to determine the best direction, get in touch with us. McClain Bespoke Legal Services has experience with cases just like yours, and there are solutions that we can guide you to.

You don't need to go through the challenges of Texas child custody modification alone. We're just a call or email away.