Child Support Modification in Texas

[whatamess]

I need to know about modification in the state of Texas...I am particularly interested in (a-1)

Does it mean that EVEN IF (2) has happened, 3 yrs from last order, because it is a modified order it cannot be changed UNLESS there is a material and substantial change in circumstances? Or does this apply ONLY if it's been less than 3 years?

SUBCHAPTER E. MODIFICATION OF CHILD SUPPORT

Sec. 156.401. GROUNDS FOR MODIFICATION OF CHILD SUPPORT. (a) Except as provided by Subsection (a-1) or (b), the court may modify an order that provides for the support of a child, including an order for health care coverage under Section 154.182, if:
(1) the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of:
(A) the date of the order's rendition; or
(B) the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or
(2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.
(a-1) If the parties agree to an order under which the amount of child support differs from the amount that would be awarded in accordance with the child support guidelines, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order's rendition.
(b) A support order may be modified with regard to the amount of support ordered only as to obligations accruing after the earlier of:
(1) the date of service of citation; or
(2) an appearance in the suit to modify.
(c) An order of joint conservatorship, in and of itself, does not constitute grounds for modifying a support order.
(d) Release of a child support obligor from incarceration is a material and substantial change in circumstances for purposes of this section if the obligor's child support obligation was abated, reduced, or suspended during the period of the obligor's incarceration.

[ki1971]

If it has been more than 3 years since your last modification, then yes, you can file for an additional modification. Is that what you're asking?

[whatamess]

So then (a-1) does not apply? It is directly under 2 and it states that if an order has been agreed upon, then it cannot be changed unless there is a substantial/material change in circumstances...which to me means it cannot be changed even if 3 years have passed...since it is directly under 2...is that not correct?

[NdK1009]

Okay, as I read this, the two clauses are seperate. (a-1) is an exception, indicated by the opening of the statute. (a-1) applies if you can show a significant change in either your child's life or your income. It is not dependent on the three year rule. As for the three year rule, bear in mind that according to this statute, just because three years have passed is not reason enough to request a modification. If you are filing under that section you have to show three years PLUS income changes as outlined in the statute.

Basically, if you have taken a paycut, lost your job, gotten a big promotion, etc. these are significant circumstances warranting a modification.

But, I'm not an attorney, so you may want to call your local legal aid for verificcation.