No, your child support payment will not automatically increase if your salary increases. Modifying or altering a child support order will only be needed in case a substantial change in the parent’s financial situation occurs after a judge has made the original support order. Here’s what you need to know about child support guidelines in Texas and when you can expect your child support payments to increase.
When Can Child Support Payments Increase?
Your child support payment may increase in the following situations:
- Three years or more have passed since the child support order was created or modified, and the child support amount differs by $100 or 20% from the support amount that would be ordered based on the state’s guidelines.
- A substantial and material change in financial circumstances has occurred from the time the support order was established.
The court may also consider a support modification due to an increase in the paying parent’s income if the current amount isn’t adequate for the child’s current requirements. In addition, if the child’s cost of living has increased, the paying parent’s increased income could translate into a higher child support amount.
Keep in mind that child support amount modifications are always based on the current income of the paying parent. So, if you’re now making more money than you were at the time the support amount was established or modified, the court will likely raise the amount of support you need to pay.
But it is crucial to note that getting a new order is the only way to modify the child support amount you’re ordered to pay. This means that the custodial parent cannot force you to increase your child support payment without a court order. The court will need to make a decision about the modification request according to the same requirements and guidelines for the original support order.
You can also opt to work out a child support agreement with the custodial parent. However, take note that a judge must still review the agreement to determine and ensure that it’s in the best interests of your child.
What Counts as a Substantial and Material Change in Circumstances?
Broadly speaking, this means that one or more of the following has occurred:
- The income of the paying parent has either decreased or increased
- The paying parent is also paying child support for other children
- The child’s medical insurance plan has changed
- The child’s living arrangements and requirements have changed
If you believe that your new job or increased income isn’t enough to warrant an increase in your child support payment, your and the custodial parent can continue utilizing the current child support order.
Talk to an Experienced San Antonio, TX, Family Law Attorney Now
For any questions or concerns about your child support payments, whether you receive child support or provide child support to your child’s other parent, please don’t hesitate to reach out to Hoelscher Gebbia Cepeda PLLC. Schedule a case review with our San Antonio, TX, family law attorney by calling 210-222-9132 or sending us a message online.
