In many family law cases, child support can be a contentious issue. Both parents are required to provide the financial support necessary to meet their children's needs, but they may disagree over how much support should be paid or how the payments may be used. While a parent who receives child support may rely on these payments, the parent paying child support may face concerns about how their finances will be affected by these ongoing obligations. These matters can become even more complicated if circumstances change after a child support order is put in place. In these situations, parents may need to determine whether modifications to child support can be made, and they will need to understand the factors that can affect decisions in these cases.

Material and Substantial Changes in Circumstances

In general, child support orders can be modified if there has been a change in the lives of parents or children that is considered to be "material and substantial." These changes will usually need to involve major adjustments in living circumstances, income, or financial needs, and they may include:

• Changes in employment or income - The loss of a job or other issues that affect the income a parent earns are some of the most common reasons why child support modifications are requested. If the parent paying support experiences a decrease in income, they may struggle to pay the required amount of support. While modifications may be made in these situations, courts may base support obligations on the income that a parent should be able to earn after reviewing their previous employment experience, education, and other factors. In some cases, child support obligations may be reduced temporarily until a parent can find work, and if they qualify for unemployment benefits, child support may be deducted from the amount they receive.

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If you are going through a divorce and have children from your marriage, child support payments from one party to the other are practically inevitable. Child support payments are usually required from the non-custodial parent, or the parent who does not "house" the child as frequently as his or her former spouse. However, even if the child’s living arrangements are split between each parent 50/50, the higher-earning parent will often still provide some form of child support payments to keep the child’s lifestyle consistent, regardless of the house in which he or she is residing. 

How Are Child Support Payments Calculated?

Most states, including Texas, utilize an equation to calculate the level of child support owed by the non-custodial parent. While this is neither the sole means used nor the final calculation done, it acts as a baseline for child support payment amounts. The calculation begins with determining the non-custodial parent's monthly resources. The individual’s yearly gross income will be divided by 12, then tax payments will be deducted from the amount. Next, the number of children eligible will be determined. Children will receive child support while they are under the age of 18 or until they graduate high school, whichever is later. The percentage of a parent's income allotted to children depends on how many children are eligible for support. The following are the percentages of monthly resources owed in child support based on the number of children involved in the court case: