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Child support

changes in custody

Child support generally may be changed or modified by filing a motion to modify and demonstrating to the court that the circumstances of the child or one or both parents have materially and substantially changed, or that some period of time (3 years, for example) has passed since the court’s last child support order. And if there has been a material and substantial change in the custody of the child—if, for example, the noncustodial parent who was paying child support has become the custodial parent—the court may change or eliminate the child support obligation based on the change in the custody arrangement.

In Texas, child support orders can be modified if there has been a material and substantial change in the circumstances of the child, the custodial parent, or the non-custodial parent. This could include changes in income, employment, health, or living arrangements. Additionally, a modification may be sought if it has been three years or more since the last child support order was established or modified and the monthly amount of the child support order differs by either 20 percent or $100 from the amount that would be awarded according to child support guidelines. A change in custody can also be grounds for modification. If the noncustodial parent becomes the custodial parent, they may petition the court to reduce or terminate their child support obligation, reflecting the change in custody. To modify child support, the interested party must file a motion to modify with the court, and the court must approve any changes to the child support arrangement.

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