Child Support Ordered in a Divorce Case - How to Get it Modified
By: S. Morgan
Every state has some procedure for modifying child support when the
circumstances have greatly changed since the original child support order.
Texas law on this issue is typical of most states. Generally, to modify a child
support order the party requesting the modification must show that there has
been a “material and substantial change in the circumstances.”
A Child Support Modification Example
Here is a common example: a couple with a two-year old child gets divorced in
1997. At that time the husband’s income is $40,000 a year. In the divorce decree
the mother is awarded primary custody and the father is ordered to pay
$500/month child support.
By 2004 husband’s income has risen to $120,000 per year. Under these facts, in
nearly every jurisdiction the mother is likely to have a very good argument that
the child support should be raised based on the father’s increased income.
Conversely, if the father’s annual income fell to $25,000, he would probably
have a good argument for reducing the child support based on his lower income.
Child Support Modification Cases Can be Complex
Of course, in most states there are many additional factors that can be
complicate the issue.
Continuing with the above example, lets say the reason for the father’s
decreased income was that he quit his job as an accountant and decided to work
as a ski instructor, causing his income to drop dramatically. Although fully
capable of getting another accountant position at a comparable income, he just
didn’t want to do that kind of work any more.
In many states under those facts the mother would have a very good
counter-argument if he sought a reduction in child support. Essentially, she
would argue that he was intentionally under-employed. In other words, since he
is fully capable of earning a higher income the child support should be based on
his earning ability rather than his actual income.
Get Professional Advice
Of course, this brief introduction to the subject of child support modification
is no substitute for specific legal advice about your particular circumstances.
If you have a possible issue with an existing child support order I encourage
you to consult with an experienced family law attorney in your jurisdiction
Scott Morgan has practiced family law since 1994. You can visit his website on
California family law at
http://www.california-divorce-info.com