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To support a Texas child support modification, the movant needs to show income has changed by $100 or more OR 20-percent or more per month, and/or it has been 3 years since the most recent child support order was put in place.
The varying yardsticks create some surprising results. For example, New Jersey ranks 47th in child support payments, even though it's one of the most expensive states in which to live. Massachusetts is first, and Nevada second.
For most parents obtaining a new order that modifies your support may take at least 6 months.
Understanding the Law In most cases, you must wait a year before requesting that the court change your custody order. This page from Texas Law Help explains the circumstances in which you may be able to have custody changed sooner than one year.
Under Texas law, the statute of limitations for seeking back child support when a court order is already in place is ten years from the child's 18th birthday. If a claim isn't filed by the deadline, then any recovery for back child support in Texas may be denied.
Typically, a parent must be behind on payments for three to six months before the state considers issuing a warrant for their arrest. When payments are overdue, the Texas Child Support Division can escalate enforcement measures by utilizing wage garnishment, suspending driver's licenses, or seizing tax refunds.
If you owe more than six months of child support, or more than $5,000, you could be convicted of a misdemeanor. If you have not made regular child support payments in two years or owe more than $10,000, you may face felony charges.
To officially stop child support payments, the same court that initially ordered the child support must issue an order to terminate it. The custodial parent can petition the court to stop the child support, but it is ultimately the court's decision based on the child's best interest.
Agreement With the Custodial Parent Even if both parents agree, there's no guarantee the court will agree to forgive or reduce back child support. Texas courts will consider such requests very carefully to make sure they are in the child's best interests.