What Constitutes a Material & Substantial Change

If either the child’s circumstances or the circumstances of a person affected by the previous child support order have materially and substantially altered, the court has the authority to amend a child support order, even if it was an agreed-upon order in the first place. The criterion is that this change must have occurred after the child support order was issued, (or date the Mediated Settlement Agreement upon which the Child Support Order is based) and it cannot have been expected or envisioned at the time the agreement was struck for the existing child support order. 

An experienced child support modification attorney in Texas will be able to tell a client whether or not their situation is likely one that satisfies the criteria for a Material and Substantial Change. Because there is no definitive list of occurrences that can be considered a Material and Substantial change, winning your case will likely involve fact-intensive questioning, inventive arguments, and various supporting documents and circumstantial evidence to substantiate your case.

Contact our experienced Texas Child Support Modification Lawyers at Ridgely Davis Law in Frisco, Texas and Carrollton, TX to develop a strategy to protect your parental rights and learn more about your ability to modify child support in Collin, Denton, Dallas, as well as the surrounding counties.

THE 3-YEAR MODIFICATION RULE FOR CHILD SUPPORT ORDERS

If it has been (1) three years since the order was rendered or last modified and (2) the monthly child support obligation is different by either 20% or $100 from the amount that would be awarded based on the most recent child-support guidelines, then the court can modify child support without the parties having to show that the child’s or a parent’s circumstances have materially and substantially changed.

Parties who initially agreed to a child support obligation that was different from the amount that would have been awarded according to child support guidelines at the time the order was rendered are not eligible to use the Three Year Modification Rule for a modification of the child support obligation, unless there has been a material change in their income. This means that a parent who agreed to pay an excessive amount in child support well above the child support guidelines will not be able to use the Three Year Modification Rule to reduce the amount of child support they are required to pay unless the other parent agrees, which is highly unlikely to occur. The same thing would happen if the sum that was agreed upon was insufficient. In these kinds of circumstances, the only method for a parent to successfully alter the child support obligation is to provide evidence that a significant and material shift in circumstances has occurred.

How Difficult is it to Show Material & Substantial Change?

If there has been a significant and material shift in the circumstances of either the child or a person affected by the order since (1) the date the order was rendered or (2) the date the parties signed a mediated or collaborative law agreement, whichever came first, the court may decide to modify the child support order. The following is a list of material and substantial modifications that is not exhaustive:

• Parent Acquitted and Freed from Imprisonment
• Changing the Conservatorship: A change in the conservatorship is considered material and substantial if it results in a shift in both the principal home of the child and the amount of care that is provided by the parties.
• The amount of child support may be adjusted if it is later determined that one of the parents was not the biological father of the child as a result of a change in paternity that was ordered by the court.
• Alterations to the kid’s needs – an increase in the child’s needs that result in an increase in the child’s expenses, including those for extracurricular activities, the cost of meals, school supplies, child care, and other expenses that are comparable.
• Alterations to the Parent’s Financial Circumstances – alterations that are material and substantial include both gains and declines in the parent’s ability to provide for their child financially.
• The arrival of a subsequent child may be grounds for a reduction in support payments.
• Change in the Cost to Exercise Possession and Access to the Child – This is something that typically happens if the principal residence of the child is further away, and the parent who is trying to modify the custody arrangement is not to blame for the increased distance.
• Alteration to the Benefits accorded to Children with Disabilities
• Alteration to the Parent’s Occupation-Related Responsibilities
• Unemployment or underemployment chosen consciously by a parent in a child’s best interest
• Alteration to the Total Amount of Possession
• Parental Detention or Imprisonment