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Can I Ask For More Child Support if My Ex Is Making More Money?

 Posted on September 15, 2023 in Child Support

TX family lawyerAfter the pandemic, the cost of just about everything has gone up, and it is understandable that some people are having a hard time dealing with higher expenses. If you believe your ex got a big raise, you could ask the court to redo the child support payments. Recently, some employers have increased their employees' pay to encourage them to stay, rather than training new people. If you have custody of your child and you need more child support to cover the extra costs, you should seek the help of a Texas attorney to help you make the necessary changes in your child support order. 

What Is Involved in Changing a Child Support Order?

Under Texas law, if you want to change your child support payments, you will need to show the court that there has been a big change in your situation to justify the change. If the court decides that there is a significant change in your life, it will approve what it calls a modification or change.

For example, if you find out that your ex-spouse got a raise while you are dealing with higher expenses, you could ask the court to redo the child support payments. Just saying that prices are going up is not enough because that usually impacts both parents' cost of living. 

It is a good idea to save your receipts and documents to help you prove in court that your living expenses have gone up. 

Can I Still Get Child Support if My Ex is Unemployed? 

If your ex is working fewer hours or has been laid off, child support responsibilities must still be met as they have been ordered by the court. Just because someone is unemployed does not mean child support payments automatically stop or decrease. That parent will have to show the court what they earn and what they spend. The court has to agree to a new child support order.

The parent paying child support should not skip any payments during this time because they will still have to pay them back with interest. If they are receiving unemployment benefits, so of that money will have to go toward their child support. 

The parent receiving the child support will get the reduced payments which can be applied retroactively to the date the change in child support was requested. 

Schedule a consultation with an Austin Child Support Lawyer

If your life takes a big turn and you need to make changes to your child support order, you need a Travis County child support attorney with decades of experience negotiating and litigating child support matters. At Powers Kerr & Rashidi, PLLC, we fight for our clients and their children. Call 512-610-6199 to book a consultation.


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