In Texas, you may petition for a child support modification due to a material and substantial change. If you are the parent providing support and have recently developed an illness or injury, you might be wondering if your condition counts. Understanding the guidelines for child support modification is key to finding an answer.
If you are asking for a change, you will need to prove that their or their child’s circumstances have materially and substantially changed. Examples often include:
- The payor’s income has increased or decreased.
- The payor is responsible for additional children.
- The child’s medical insurance coverage has changed.
- The child now lives with a different parent.
While not explicitly listed, a severe injury or illness may count as a material and substantial change if it prevents you from working or significantly reduces your income.
While your condition may be a valid reason for an update, you must take specific legal steps to protect yourself from falling into debt. To succeed, you must provide evidence that the illness or injury has resulted in a significant and lasting change to your financial circumstances or ability to pay. This can include medical notes, work restrictions, pay stubs and termination notices, which can outline the extent and duration of your ailment.
It is crucial to note that a judge cannot forgive child support that was due before you filed your petition. The court can only lower your child support payments starting from the day your ex-partner officially found out about your lawsuit.
Navigating the Texas legal system while managing a health crisis can be overwhelming. While you can represent yourself, having a family law attorney can ensure your petition is filed correctly and your rights are protected.