While every parent in Texas and elsewhere has an obligation to support his or her child, sometimes the child support orders that are issued by a court can seem unfair and unreasonable. This can be particularly true when circumstances have changed following the initial court order, which means that the child support amount being used has a far different impact on the parent than it did when it was made. In other cases, the child's living situation may change, and the parent with more physical custody is continuing to pay most of the child support.
In all these situations, the parent who wants to change the child support order can take action to seek a modification to the payments. The request for a modified order is made directly to the court and will generally include the identification of the parties involved, the nature and specifics of the existing support order, why that order is unfair and a legal basis for modifying the child support payments. A child support order can be changed when circumstances have also changed substantially. For example, if a parent loses his or her job or is laid off, his or her lack of income may mean that he or she is unable to pay the previous child support amount.
On the other hand, a parent could seek to modify a child support order if the paying parent suddenly earns significantly more money. In other cases, a child support payment amount reflects funds to support multiple children, and when one child ages out, the child support payments may need to be reduced to account for the change in beneficiaries.
In child support cases, the court is obligated to put the best interests of the child first. However, an unfair or unduly burdensome child support order is not justified. Parents who are dealing with an excessive child support order can work with a family law attorney to seek a modification in court.