Do I Get More Child Support if My Ex Gets a Raise?

by admin

It is not uncommon for people to get pay raises or to change jobs to have an increased income. Sometimes those pay raises can be significant. Or if you consider the work of a Texas oilfield worker, there can be times of significant income increases and decreases.

So, what happens to your child support when your ex gets a pay raise? In short, it depends. Generally, there are three bases to obtain an increase in child support:

  • Parties Agree to increase the child support obligation;

This is more common than one might think. If there is a significant pay increase, it can be best for all parties to talk through the financial costs of hiring attorneys when it is well known there will be an increase in child support.

  • 3 Years Since Last Child Support Order; OR

In order to get a child support review after three years, the person wanting the increase in child support must show that the new amount to be paid for child support would increase by either $100 or 20% from the prior amount.

  • Material and Substantial Change of the Party or Child.

Lastly, a person requesting an increase in child support could show that there has been a “material and substantial change of the  party or child.” This is a very fact intensive basis. Some examples of when there has been a “material and substantial change” include when one party has been receiving increased possession periods in relation to the most recent possession order. Another example is when an Obligor is released from prison and his/her obligation had been suspended, or when the child’s needs have changed substantially due to physical or mental disability.

There are many other examples of “material and substantial changes” that would justify an increase (or decrease) in child support. A Texas family law attorney can help you determine whether you would qualify for a change in child support.  A local Tyler family lawyer will know how the local judges will consider your case and determine whether a “material and substantial change” exists. You could also contact the Texas Office of the Attorney General, Child Support Division.

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