Bonham, TX asked in Family Law, Child Custody and Child Support for Texas

Q: TX law. If custody papers say I am not requesting child support from father can I request child support later on?

Custody papers say that I didn’t request child support from the father. Can I later request child support? If so what would have to be done. Thank you

1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: Texas law allows you to request a modification of a parent's child support obligation if there has been a "material and substantial change" in the circumstances of either parent or the child since the current order was entered OR 1) three years have passed since the original ordered was entered and 2) the parent who is paying child support, income has increased or decreased by 20% or $100 from the amount that would be awarded in accordance with child support guidelines.

Texas law has changed slightly in cases where the parties agree to a child support amount that is less than what would have been ordered based on child support guidelines. Your situation falls under this law change.

In your case, you have agreed that you are not requesting child support at this time. If you decide to request child support at a later time, Texas law requires that you show that the circumstances of either party or the child have materially and substantially changed (i.e. the child has gotten older, one of the parties has moved, another child has been born, etc). In your current situation (agreement of parties for an amount of child support that differs from the amount that paying parent would've paid based on child support guidelines), ONLY a showing of an increase in the paying parent's income by 20% or $100 would not warrant the court ordering that parent to pay child support.

You should speak with a family law attorney at the time you seek to address the child support issue to see if you have a "material and substantial change" in circumstances sufficient to request child support.

I hope this information helps. Good luck to you.

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