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If I have a court order custody agreement. Father has

Customer Question
If I have a...

If I have a court order custody agreement. Father has primary and we agreed on no child support. Can he change his mind because I’m making more money than I was? Thank you

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Austin Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

They can’t do anything since it’s been over 30 days they said

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Mm that should be it thank you

Submitted: 4 months ago.Category: Family Law
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Answered in 1 hour by:
12/2/2017
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

A party can file a request for modification of child custody or support;

please see:

https://texaslawhelp.org/toolkit/modification-i-need-respond-modification-case

Only a court may modify a child support order and this requires a showing that the parties' financial circumstances have changed since the order was entered; so if a party's income has increased, this may result in the increase of child support even if there was a prior order/agreement for no child support.

How can child support be changed?

Only the Court can modify the child support order. It cannot be done by agreement of the parties. Grounds for a modification include a material and substantial change in the circumstances of a child or a person affected by the order, or the passage of three years since the last child support order and a difference in monthly payment by either 20 percent or $100 from the child support guidelines. A parent subject to a child support order may request a review of the ordered child support amounts every three years by contacting the Office of the Attorney General.

https://www.texasattorneygeneral.gov/faq/cs-parents-frequently-asked-questions

A party cannot unilaterally require more support; this is the court's jurisdiction, not a parent's.

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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