If you had quality legal divorce representation, your child support order should have fit the needs of your children and been practical and acceptable to both you and your ex. But since then, things have changed. Your kids are older now and have developed their own personalities and interests. The details of your life have probably changed too, as have your ex’s.
All of these things could add up to a child support arrangement that no longer works for some or all of you. Fortunately, parents in San Antonio have the right to go to family court to request a modification. A judge will grant a post-decree modification of child support when:
- Both parents agree to the proposed change.
- A substantial change of circumstances has happened to one of the parties involved, such as job loss, a substantial raise, mental illness or imprisonment.
- Three or more years have passed since the original order or the most recent modification — this is known as the “three-year rule.”
Examples of substantial changes of circumstance include:
- The paying spouse got laid off and had to take a new job at a lesser salary.
- The paying spouse got a large raise at work.
- One of the children needs special tutoring at school.
- The spouse with custody wants to move to a larger home.
- The paying spouse has had more children whom he is financially responsible for.
If you and your co-parent agree that a modification is necessary, the process can be fairly quick and smooth. But if you don’t, things can get complicated. Either way, you need a family law attorney who can advise you and ensure you reach a reasonable outcome.
