What You Need to Know About Child Support and Custody Modification

Sometimes things change after a final decree of divorce or other order concerning children. According to the Census Bureau, in recent years an estimated 13.4 million parents had custody of 21.5 million children whose other parent lived elsewhere.

Courts have the power to modify child custody or support arrangements to meet the needs of the child and to respond to changes in the parents’ lives. When these things occur, revisiting the terms of the order may not only be justified, but necessary for the general welfare, protection and support of the children. Here are some things you need to know about child support and custody modification.

Change in Behavior

Changes in the behavior of the other parent or changes in the wishes of the child may justify a change in custody or periods of visitation. Sometimes, significant changes in the child may signal a need for modification. As a children gets older, they may desire to spend more time with the other parent. Perhaps the child has a difficult time in adjusting to and living with siblings or stepchildren. There could also be a concern that a remarriage may introduce elements of emotional or physical harm. Each of these behavior issues are just a few of the many valid reasons for support and custody modification.

Change in Location

A change in the location of the parents may justify changing the point of exchange for the child. If a child has strong family ties or established social roots to a particular area, these need to be taken into account. If a determination can be made that the relocation of a custodial parent may cause undue stress and emotional conflict for the child, this may also be a factor in custody modification. Stability in the life of the child is the primary concern of the court.

Change in Income

A change in the income of the parent paying child support may justify increasing or decreasing support. Child support is always modifiable. Modifying child support requires a material change in the circumstances upon which the ordered payments were predicated. A substantial change of circumstances affecting either party’s income often satisfies this burden.

The court is generally required to consider the same factors it considered when setting the original support order. Courts will not modify orders to suit trivial or immaterial changes of circumstances. However, if there has been a material change of circumstances, it may be appropriate to ask the Court to change the underlying order.

If you are considering a modification of your child support and custody agreement, an understanding Austin family attorney who is experienced in family law can answer your questions and guide you through each step of the process.

To receive sound legal advice regarding child support and custody modification, contact Austin family attorney, Greg Gegenheimer. Greg Gegenheimer is an experienced Austin family attorney who is committed to helping men and women with legal counseling, strategic planning and professional representation.

If you find yourself in a family crisis, Greg Geigenheimer can help you better understand your situation and options, formulate a plan of action, and be a powerful advocate on your behalf. He is a certified mediator with an Advanced Certification in Family Law and often is able to help resolve disputes before they go to court. Contact him today at 512-472-7501 to schedule a 30-minute free consultation or go to www.greggegenheimer.net.


Heather Preston. Austin family attorney - Attorney Greg Gegenheimer can help you if you are involved in a family crisis and need a lawyer.