Texas Child Support Modification Lawyers
The Woodlands Child Support Modification LawyersThe experienced Child Support Modification Lawyers at Nick Davis Law serving Montgomery and surrounding Texas Counties can help increase or reduce child support payments.
Serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties
Child Support Modification Lawyers in The Woodlands, TX & Bryan College Station
Circumstances change after a divorce or original suit affecting the parent child relationship and these changes typically require a modification to possession and access to the children and/or child support.
At Nick Davis Law, our Child Support Modification Lawyers in The Woodlands, Texas and Bryan | College Station have encountered many parents that previously entered into a child support agreements that may not have been in compliance with the Texas Child Support Guidelines or didn’t carefully consider the income earning potential, job stability, and financial ability for the parent to pay child support as ordered. Sometimes this leads parents to pursue a modification either to increase or decrease the child support payments.
A Child Support Modification is not always available nor is it automatically granted as certain requirements of the Texas Family Code must be satisfied to obtain a modification. The experienced Child Support Modification Lawyers at Nick Davis Law serving Montgomery and surrounding counties can help determine if you qualify for a Child Support Modification Suit.
Nick Davis Law offers all prospective Child Support Modification clients a Free Case Evaluation by phone or virtual conference as well as payment plans. Contact our office at (936) 262-7474.
Can I Modify My Texas Child Support Order?
A child support order can be modified if it meets one of three criteria:
- The Modification is Agreed to by All Parties;
- 3 Years have passed since the entry of the Child Support Order; or
- There has been a Material and Substantial Change with one of the parties affected by the Child Support Order.
What is a Material and Substantial Change?
The court can modify a child support order, even if it is an agreed order, if the circumstances of either the child or a person affected by the order have materially and substantially changed. The requirement is that this change must have occurred after the child support order was entered and it could not have been anticipated or contemplated at the time the agreement was made for the current child support order.
An experienced Texas Child Support Modification Lawyer will be able to advise a client if their case likely meets the criteria of a Material and Substantial Change. There isn’t a clear list of events that qualify as a Material and Substantial change, the success of your case will typically requires fact intensive questioning, creative arguments, and other supporting documents and circumstantial evidence to prove your case. See this list of changes that the courts in Texas have found to be Material and Substantial.
To Learn More about your ability to Modify Child Support in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties
contact our experienced Texas Child Support Modification Lawyers in The Woodlands, TX and Bryan | College Station to develop a strategy to protect your parental rights.
About Nick Davis Law
Nick Davis Law is a firm dedicated to helping individuals with all their family law needs and serves Montgomery, Harris, Waller, Grimes, Walker, Brazos, Washington, Burleson, Fort Bend and surrounding counties. Services
We Can Help with your Child Support Modification Suit
Decrease Support Payments
If you’ve recently suffered a reduction in income, lost your job due to COVID-19, of experienced other financial difficulties, our experienced Child Support Modification Lawyers in The Woodlands | Magnolia, TX & Bryan College Station can help reduce your payments to an affordable rate.
Increase Support Payments
Is your child’s parent not paying the right amount in support. Have they received a raise or do you believe they are under reporting their income? The experienced Child Support Modification Lawyers at Nick Davis Lawyers in The Woodlands | Magnolia TX and Bryan College Station will fight to increase your child support.
Defend Against Modification
Has a Child Support Modification Suit been filed against you? The creative Child Support Modification Lawyers at Nick Davis Law serving Montgomery and surrounding Texas Counties can fight to defend against the modification suit to keep your payments the same.
Reviews
What Clients Say
At all times, we put our client’s interests first. The Child Support Modification Lawyers at Nick Davis Law in The Woodlands | Magnolia, TX and Bryan College Station are proud of their reputation and record for helping parties in Child Support Modification Lawsuits either pursuing or defending against the modifications. We are ready to help you succeed as well. Contact us for a free case evaluation to learn what we can do for your case.
Highly recommend - Jerri Y
Mr. Davis was very helpful and responsive in my divorce case. He made it a simple process and I highly recommend him!
Highly recommend - Jerri Y
Mr. Davis was very helpful and responsive in my divorce case. He made it a simple process and I highly recommend him!
An Excellent Attorney - Michael
Nick assisted me with my long drawn out divorce. He is extremely knowledgeable and was responsive to any question or request I had during the process. I felt his fees are fair, and he gave me advice on how to keep the proceeding as painless as possible. My ex-wife’s attorney seemed happy to keep things as contentious as possible, and draw out things. I highly recommend Nick to anyone needing the help of a divorce attorney.
An Excellent Attorney - Michael
Nick assisted me with my long drawn out divorce. He is extremely knowledgeable and was responsive to any question or request I had during the process. I felt his fees are fair, and he gave me advice on how to keep the proceeding as painless as possible. My ex-wife’s attorney seemed happy to keep things as contentious as possible, and draw out things. I highly recommend Nick to anyone needing the help of a divorce attorney.
Honest, Trustworthy Attorney - Veronica
Nick is a very professional and knowledgeable attorney that I trust and highly recommend. He handled my divorce case in a very equitable manner. He also took the time to explain the legal processes and how best to guard my own assets. I’m very grateful for a job well done!
Honest, Trustworthy Attorney - Veronica
Nick is a very professional and knowledgeable attorney that I trust and highly recommend. He handled my divorce case in a very equitable manner. He also took the time to explain the legal processes and how best to guard my own assets. I’m very grateful for a job well done!
Super Lawyer, Best of the Best - Joe C
Mr. Davis has handled my divorce and other legal matters,and is now handling my out of state child custody, he is the best in Texas.
Super Lawyer, Best of the Best - Joe C
Mr. Davis has handled my divorce and other legal matters,and is now handling my out of state child custody, he is the best in Texas.
Client focused attorney
Nick Davis provided excellent advice during my family law case. I was particularly impressed with the way he would recommend alternative courses of action based on my former spouse’s responses.
FAQ
Frequently Asked Questions
What is the 3 Year Modification Rule for a Texas Child Support Order?
The court can modify child support without having to show that the circumstances of the child or a parent has materially and substantially changed provided that it has been (1) Three Years since the order was rendered or last modified and (2) the monthly child support obligation differs by either 20% or $100 from the amount that would be awarded under the current child-support guidelines.
The Three Year Modification Rule is not available to parties who originally agreed to a child support obligation that is different from the amount that would have been awarded under the child support guidelines when the order was rendered. This means if a parent agreed to pay an excessive amount in child support far above the child support guidelines, the parent will not be able to use the Three Year Modification Rule to reduce their child support obligation unless the other parent agrees, which probably won’t happen. Similar scenario applies if the amount agreed to was too low. In these situations, the only way a parent can succeed in modifying the child support is to prove that a material and substantial change has taken place.
What is a Material and Substantial Change for Modifying Child Support?
The court can Modify a child support order if the circumstances of either the child or a person affected by the order has materially and substantially changed since (1 )the date the order was rendered or (2) the date the parties signed a mediated or collaborative law agreement which ever is earlier. Below is a non exhaustive list of material & substantial changes:
- Parent Released from Incarceration
- Change in Conservatorship – a change in the conservatorship is material and substantial if it involves changing the child’s primary residence and the level of care provided by the parties.
- Change in Paternity – if a parent is later determined to not be the father of the child by a court order, then the child support can be modified.
- Change in the child’s needs – an increase in the needs of the child causeing an increase in their expenses such as for extracurricular activities, food costs, school supplies, child care and other similar expenses.
- Change in the Parent’s Financial Circumstances – increases or decreases in the financial ability to support the child are material and substantial.
- Birth of another child – this can be grounds for reducing support.
- Change in Cost to Exercise Possession and Access to the Child – this typicaly occurs if the primary residence of the child is further away and it wasn’t caused by the parent that is seeking the modification.
- Change in the Child’s Disability Benefits.
- Change in Parent’s Employment Responsibilities.
- Intentional Unemployment or Underemployment by a parent
- Change in the Amount of Possession.
- Incarceration of a Parent.
We Can Help
Payment Plans & Free Consult
Contact our office to schedule a Free Case Evaluation with an experienced Child Support Modification Lawyer in The Woodlands, Texas and Bryan College Station. We regularly offer after-hour & Weekend phone consults so our client’s do not have to travel or take off work to speak with their Family Lawyer.
Our Child Support Modification Lawyers serving Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Counties also understand that litigation can be expensive. You shouldn’t have to compromise the quality of legal representation when it comes to your children. We strive to make exceptional legal representation in family law matters available to all which is why we offer payment plans to help in these difficult times. Contact us to learn more.
Schedule A Consult
Nick Davis Law
2700 Research Forest Dr., #124
The Woodlands, Texas 77381
(936) 262-7474
The Woodlands, Texas
26418 Oak Ridge Dr.
The Woodlands, TX 77380
(936) 262-7474
Bryan | College Station, Texas
750 William D. Fitch Pkwy, Ste 210
College Station, TX 778455
(979) 417-2220
Business Hours
Mon - Fri 8:00 am to 6:00 pm
Our Mission
The Trusted Family, Divorce, Bankruptcy, CPS, and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively. The Family | Divorce | Bankruptcy | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.