Legal Question in Family Law in Texas

Re: Child Support Modification by NCP

They can go to court and ask that the child support be reduced to fit into the guidelines provided in the Texas Family Code. There are a few other issues, however.

First, if the court is convinced (by the other side) that the obligor (non-custodial parent) is intentionally underemployed, then the court can set child support based upon what the ourt feels that the earning capacity of the obligor is. If it is legitimate, then there should be no problem, but in a good economy, it might be more difficult to prove that one could not obtain income at least equal to what one made before.

Second, child support can be modified only if there has been a material and substantial change in circumstances since the last order (sounds as if this requirement has been met) OR it has been at least three years since the last order and the amount owed under the guidelines is off by at least 20 percent or $100.

As an aside, most people don't realize that child support can be reduced (a little) if the obligor has the duty to support children in more than one household.

Re: Child Support Modification by NCP

Yes, provided the NCP isn't taking another lower paying job to avoid paying child support. Voluntary underemployment will not get the CS reduced.