How Is Child Support Determined, and When Can It Be Modified?
March 27, 2025
In family law, child support is essential for guaranteeing that children are financially supported by both parents, even after they’ve separated or divorced.
At Sinclair Law Group PC in Rockwall, Texas, we know how challenging it can be to go through family issues, and our child support attorney is committed to helping clients overcome these situations with compassion.
Whether you’re seeking child support or need to modify an existing order, understanding how child support is determined and when it can be changed is crucial for making the best decisions for your family. The following provides a simple overview of child support calculations and when they can be changed.
What Does Child Support Involve?
Child support is a financial contribution made by a noncustodial parent to help cover the costs of raising a child. It’s typically calculated based on several factors, including the income of both parents, the needs of the child, and any special circumstances, such as medical needs or education costs.
In most states, child support is determined by a set of guidelines that use both parents' income to calculate the amount the noncustodial parent will pay. These guidelines help to make the process more consistent and fair, as they take into account factors such as:
Income of both parents: A major factor in determining child support is how much money each parent makes. The higher the income, the higher the amount of child support typically owed. This confirms that the child benefits from both parents' financial resources.
Time spent with each parent: In cases where parents share custody or visitation, the amount of time each parent spends with the child can impact how much child support is owed.
Other children or dependents: If the noncustodial parent has other children to support, the child support payments may be adjusted to reflect these additional financial obligations.
Special needs or medical costs: If the child has any special medical or educational needs, these costs may be factored into the child support determination to make sure the child’s well-being is taken care of.
In the state of Texas, the guidelines used to determine child support are straightforward but flexible enough to accommodate the unique circumstances of each case. This means that the final amount can vary depending on the individual details of a family situation. Reach out to an experienced Texas family law attorney for more information.
How Is Child Support Calculated?
Calculating child support involves a multi-step process, starting with assessing the income of both parents. Here's a simplified breakdown of how this calculation might work:
Determine the gross income of both parents: Gross income includes wages, salaries, bonuses, commissions, and other sources of income, such as child support payments from previous relationships or rental income. Some sources of income, like disability benefits or unemployment, may also be included.
Calculate the combined monthly income: After determining each parent’s income, you combine them to find the total monthly income. This number serves as the basis for determining the amount of child support.
Apply the state’s child support guidelines: Texas follows a percentage-based guideline, where the noncustodial parent typically pays a percentage of the combined income based on the number of children. For one child, the guideline is 20% of the noncustodial parent’s income, increasing with the number of children.
Adjust for special circumstances: The courts may adjust the standard guideline amount based on factors such as medical expenses, daycare costs, or the child’s special needs. If a parent has significant debt or is self-employed, the court may also take these issues into account when calculating child support.
Finalize the support order: After going through the calculations, a final child support amount is determined, and a court order is issued to make sure the payments are made regularly and on time.
Once the calculations are complete, the child support order is issued, assuring that both parents contribute fairly to the financial well-being of their child based on their respective circumstances.
When Can Child Support Be Modified?
While child support orders are typically set in place with the goal of stability, there are times when circumstances change, and a modification is necessary. Life situations evolve, and what worked when the order was first established may no longer be accurate or fair. Here are some common situations in which child support might need to be modified:
Significant Change in Income
If there’s a significant change in either parent’s income, this may warrant a modification of the child support order. For example, if a parent loses their job, gets a significant pay cut, or experiences a major increase in income, the child support amount may need to be adjusted to be reflective of each parent's current ability to provide financial support.
Change in Custody Arrangements
If the custody arrangement changes, such as a parent gaining primary custody or increasing visitation time, the child support order might need to be modified. If the noncustodial parent spends more time with the child, the amount of support owed may be adjusted to reflect the increased parental responsibility.
A Child’s Special Needs
If a child develops special needs, such as requiring ongoing medical treatment or educational support, the child support amount may be modified to account for these additional costs. A child with severe medical conditions or disabilities might need extra financial support that wasn’t originally considered.
Changes in the Child’s Expenses
Expenses related to the child’s care can fluctuate over time. These may include changes in daycare costs, education expenses, medical insurance premiums, or other necessary expenditures. If the costs of raising the child change significantly, a modification may be necessary to make sure the child’s needs are met.
The Passage of Time
Over time, the child support guidelines themselves can change, usually to reflect inflation or changes in living costs. Parents may request a modification simply because the guidelines have changed, making the existing child support amount outdated.
A Parent’s Health or Ability to Work
If a parent becomes unable to work due to health issues or another significant reason, they may request a reduction in child support payments. On the other hand, if a parent’s health improves and they can return to work, an increase in child support payments may be requested.
How to Request a Child Support Modification
If you believe your child support order needs to be modified, it’s important to go through the proper legal channels. Attempting to change the amount without court approval can result in legal complications.
Here are the steps to take if you’re considering a child support modification:
File a Motion to Modify: To begin the process, the parent seeking the modification must file a motion with the court. This motion will detail the reason for the modification and provide any evidence supporting the request. A qualified family law attorney can help you prepare this document.
Provide Evidence of Changed Circumstances: The parent requesting the modification must show the court that circumstances have changed. This can include documentation of changes in income, medical expenses, custody arrangements, or other relevant factors.
Attend a Hearing: In many cases, the court will schedule a hearing to discuss the motion. Both parents may be asked to present evidence and testimony regarding the need for modification. The judge will then decide whether the modification is warranted.
Obtain a Court Order: If the court agrees to the modification, it’ll issue a new child support order that reflects the updated terms. It’s essential to follow this order to avoid any legal issues.
Once the court issues a new order, it's crucial to adhere to the updated child support terms to avoid any future legal issues.
Potential Challenges in Modifying Child Support
Requesting a modification isn’t always straightforward. Some parents may face resistance from the other party, or they may be required to provide substantial proof of a change in circumstances. In addition, the court’s decision is based on the child’s best interests, so modifications aren’t guaranteed.
Some potential challenges in modifying child support include:
Disagreement on the need for change: The other parent may not agree that a modification is necessary, and they may contest the request.
Difficulty proving changes: It can sometimes be difficult to prove that a significant change in circumstances has occurred, particularly when it comes to issues like income or custody.
Unclear guidelines for special circumstances: In some cases, the guidelines for special circumstances, such as medical expenses, may not be clear, which can make it harder to predict the outcome.
Given these potential hurdles, it’s crucial to have the right support and documentation to increase the likelihood of a favorable outcome.
Contact a Family Law Attorney Today
Whether you need to establish support or modify an existing order, our family law firm is here to help. With a compassionate approach and commitment to honest communication, we’ll provide you with the support you need. Contact Sinclair Law Group PC for services in Forney, Texas, and throughout Kaufman County, Rockwall County, and Dallas County.