You fought hard on your child’s behalf for a fair child support order. Whether you received child support after a paternity case or during a divorce, child support provides you and your child with the money needed to maintain a certain standard of living.
So, what happens when the parents’ finances change? Specifically, does child support increase if salary increases? The short answer is no; it will not change on its own.
But a pay raise can provide the grounds to modify a child support order. The paying parent might see an increase in child support when they get a raise. And the receiving parent may request a review of how much they are entitled to receive when the other parent receives a bump in pay.
Let’s take a closer look at the legal procedures involved in the process of modifying a child support order in Texas when income changes.
Procedures for Changing a Child Support Order
Texas law provides two options to modify the child support agreement.
1. Child Support Review
A parent can request a modification of child support from the office of the Texas Attorney General (AG). The AG’s office will review your modification request and decide whether to start a review of the payment amount.
The AG’s office initiates a review of child support payments when you show a material change in circumstances, such as the other parent’s pay raise.
After the AG approves a review, you, your co-parent, and a child support review specialist will negotiate for a new child support order. If you agree on terms for a new order, a judge must still review and approve it. If you cannot reach an agreement, you may need to appear in court for a hearing.
2. Motion to Modify the Child Support Order
You do not need to go through the AG’s office to change child support. You can go directly to the court that issued your child support order and file a motion to modify the order. Again, you will need to show that the facts have changed enough to support a new order.
The key is the change must be “material and substantial” in nature, as stated in the Texas Family Code. A small change in a parent’s income might not justify a modification that changes the amount of the child support paid from one parent to the other.
Putting a number on a “material” change is complex because every case is unique. Experienced child support attorneys in Texas can review your case and advise you of your right to seek more child support.
If a judge agrees your co-parent’s income has changed enough, the judge will calculate a new amount and sign a new order. The other parent will then need to follow the new order and adjust their child support contributions accordingly.
Does Child Support Increase if Salary Increases? Find Help With Your Specific Case
Working with a seasoned family law attorney is crucial for modifying a child support order. The key is that a judge will not change the original child support order based on a small increase in income, so it’s important to consult an attorney to review whether you have a compelling case.
If your case advances to a hearing with a judge, we will work closely with you to formulate the best argument on the path to modifying the original child support order.
You and your child deserve the money needed to maintain a consistent lifestyle. Fairness requires your co-parent to pay child support in the appropriate amount. We are here to help you arrive at the best possible outcome for your situation.
We currently support clients in Fort Bend County, Brazoria County, Galveston County, and Matagorda County with child support modifications. If you live in one of these counties, reach out to our offices to discuss your case.
You can reach our offices at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to speak with one of our knowledgeable attorneys. We are prepared to answer your questions, such as “Does child support increase if salary increases?” and other financial-related questions.
Let’s work together to prove your case, work with the courts to modify the original order, and secure fair child support for your child.