Child custody and child support are common points of contention in divorces. If you’ve received a court order for child support or child custody, you likely have questions about the process of modifying these orders. In this article, you can find out:

• What situations would warrant requesting a modification to a court order, and whether there is a waiting period before you can file a request.
• The process for modifying a court order, and how you can initiate it.
• What could happen if you request that the child support amount be increased or decreased.

Is There A Waiting Period Before Requesting A Modification To A Child Custody Or Support Order?

While there is not a specified waiting period in either Texas or Louisiana, you have to show a significant change in circumstances. A significant change in circumstances could include extremes like if you find out the other parent is a pedophile or they are abusing the child. Or, it could be more routine, such as one parent changing their work schedule or getting remarried.

There is no waiting period to modify a court order relating to child custody or child support. You just have to show that there is a good reason to modify it. A material or substantial change in circumstances since the prior order often warrants a modification.

What Is The Process To Petition For A Modification To Child Support In Louisiana Or Texas?

To initiate a petition to modify a child support or child custody order, you must file a motion to modify and tell the court why you are requesting a modification. From there, a hearing will be set and papers served to the other party.

This petition or motion to modify sets forth your reasons, asks for a hearing, and initiates the process of getting papers served to the other party. You have to serve the paperwork so the other party receives notice of the hearing and what you are requesting.

There are requirements to be met before a modification of child support can be sought.  See the following:

Texas Factors affecting the decision to proceed with a modification request include:

• The amount of time passed since the last order was signed by a judge,
• The new child support calculation, and/or
• Life changes that have occurred since the last order – here are some examples:
• change in income
• change in health insurance
• change in possession of the child.

Your child support order is eligible for modification only if one (or more) of the following is true:

The order was established/last modified more than three years ago; and

The monthly amount of the child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded, according to child support guidelines.

OR

A material and substantial change in circumstances has occurred since the child support order was last set.

Louisiana Factors

Your child support order is eligible for modification only if the review shows that one (or more) of the following is true:

The order was established/last modified more than three years ago;

The monthly amount of the child support order differs by at least  25% according to child support guidelines; or

A material and substantial change in circumstances has occurred since the child support order was last set.

What is a “Material and Substantial Change in Circumstances”? Some examples of changes in circumstances are :

• One parent’s income has increased or decreased;
• The child(ren)’s medical insurance coverage has changed; or
• The child(ren) are now living with a different parent.

How Long Does It Take For The Child Support Amount To Change After A Modification?

Generally, when you ask for a modification, the amount that is set can be retroactive to the day you ask for it. In other words, if you file a petition today and they increase the amount at the hearing in two months, then that increase can be retroactive to today.

The judge may or may not require the other party to pay the full retroactive amount. They could also modify the amount and add a certain amount for the arrears until they have been paid. Generally, when the court orders child support to be increased, it is effective that day.

Is There Any Way My Child Support Amount Could Increase If I Request A Modification To Decrease?

There is always a chance that your child support could increase when you request a modification. When you request a modification, that is generally to modify the amount of child support without specifying a decrease.

You cannot request a modification with stipulations that it is only for a lesser amount. When the request is reviewed, they look at the same factors as the initial order: each party’s income, expenses for the children, etc.

You can ask specifically for the amount to be increased or decreased, but you run the risk of receiving either one. If you ask for an increase and the evidence does not show that it should be increased, it is possible that it would just be denied. If you file for a modification, the other party can file a request for an increase.

If My Co-Parent Requests A Child Support Order Modification, Can I Stop The Petition Or Appeal The Decision If A Modification Is Granted By The Court?

You can always appeal a final judgment, but you cannot stop the petition. You cannot stop somebody from requesting relief.

They can ask for relief, which may be denied or granted. If granted, you can appeal if it is a final judgment, but that does not mean you will be successful. Success with an appeal for child support issues occurs rarely, simply because it is based on math.

For more information on Modifications To Family Court Orders, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 798-5559 today