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Barbara L. Jouette, Attorney, P.C.
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Can I modify my child support payments in Texas?

Child support can oftentimes be a controversial subject for divorcing couples. In some instances, neither party feels that the child support payments are fair, but it is important to remember that courts calculate child support based on the best interests of the child. Whatever your child support payments may be, they are to help the growth and development of your child. However, courts still try to make the payments fair and reasonable to you, and just as circumstances can change, so, too, can child support payments.

In Texas, as in many other states, legal action must be taken in order to officially modify child support. The power to modify the child support payments still resides with the courts, which means that a request to have child support modified may be denied. Denials are usually based on inability to prove that the modification is fair or necessary. For instance, you can claim that you should not have to pay as much because your income has reduced, but if you cannot prove that your income has reduced, the modification will likely not be granted.

Of course, parents can always agree with one another to modify the payments, but this informal arrangement could prove problematic later on. If your ex-spouse agrees to allow you to pay less than the amount allotted by the courts, you may be required to pay back the remainder, and you could even be jailed. For this reason, it is almost always best to approach the matter through the courts and have the child support order legally modified.

If you live in Texas and you feel that your child support payments are no longer fair due to changing circumstances, consider contacting an attorney. Legal assistance can help you prove that your circumstances have changed and assist you in having your payments modified.

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