Can You Modify Child Support or Custody After a Job Loss or Major Life Change?

A job loss or other major life change can turn a manageable financial situation into one a serious crisis. Relocation, serious illness, a new work schedule, or significant change in a child’s needs may mean that a custody arrangement that once worked for everyone is no longer the best fit. However, changing child support and custody orders isn’t automatic. While the court can modify child support, conservatorship, possession, and access when legal requirements are met, you’re still obligated to uphold the terms of the previous agreement until those changes are approved by the court.

If your circumstances have changed substantially and you believe a change in child support or custody is warranted, it’s important to act quickly. Doing so can help you avoid falling behind on child support or facing repeated scheduling issues. Call Hargrave Law, PC at 817-968-7191 to discuss your next steps now.

When Can You Modify a Texas Family Court Order?

The requirements to modify a Texas family court order depend largely on what you’re asking the court to change. For conservatorship, possession, or access, Texas courts may modify an order when the proposed change is in the child’s best interest and an additional statutory ground exists. This is often that the circumstances of the child or another person affected by the order have materially and substantially changed since the prior order.

Texas law doesn’t provide a list of circumstances or changes that are considered material and substantial. Family law judges have the authority to look at the evidence available and determine whether a change is material and substantial.

Can You Modify Child Support After Losing Your Job?

An involuntary job loss or significant reduction in income may support a request to reduce child support. However, unemployment does not automatically suspend, decrease, or eliminate the obligation. Texas law allow for a modification if :

• Circumstances have materially and substantially changed
• At least three years have passed since the last order and the existing order differs by 20% or $100 from what the new order would be

The court is likely to ask why the parent is no longer working and look at their employment history, current resources, ability to work, and efforts to find comparable employment. If the court believes or knows that the parent left their job voluntarily or intentionally got themselves terminated to avoid child support, they may impute income. This means that they calculate child support based on what the working parent could earn, based on their work and income history.

While the paying parent works to get the order changed, the current child support obligation continues. Job loss does not authorize them to stop paying or pay less than the court-ordered amount. Missed payments do accumulate, and unpaid child support does eventually have to be paid. Be careful about relying on a verbal agreement; even when both parents verbally agree on a temporary reduction, a private arrangement does not override a signed court order.

Child Support Increases After a Major Life Change

Either parent may request a child support modification. If the paying parent has received a significant raise or new source of income, the parent who receives child support may petition the court to increase child support. They may also ask the court for a modification if the child’s needs have increased significantly in a way that warrants more financial support.

Of course, asking the court for an increase in child support doesn’t guarantee that the court will agree. It may increase support, decrease it, or leave the existing order in place.

Job Loss and Custody Changes

Job loss alone does not determine conservatorship or which parent is entitled to establish the child’s primary residence. Texas courts focus on the child’s best interest, not punishing a parent for financial hardship. It’s important to recognize this, as it’s not uncommon for a higher-earning parent to threaten the lower-earning parent with “taking” custody because of their better financial situation.

While changes in conservatorship are not meant to be punishment for a parent’s financial situation, changes may be necessary if unemployment causes broader changes. For example, if a parent has to relocate and their child is in an unstable housing situation, it may be in the child’s best interest to spend more time with the other parent. Similarly, unsafe changes in childcare arrangements or drastic changes in work hours may warrant a modification.

You may also find that a job change makes the current possession schedule impractical. If the parent with possession used to work during the child’s school hours and switches to a job where they work afternoons and evenings, it may not make sense for them to maintain possession. To secure a custody-related modification, the parent requesting the modification should be able to connect the changed circumstances to the child’s best interest.

Major Life Changes That May Support a Custody Modification

Many major developments may support a request to modify conservatorship, possession, or access. However, it all depends on the facts of your case. It’s important to work with a family law attorney to prove that a modification is in your child’s best interest, rather than assuming that the circumstances speak for themselves. Potential changes that may warrant a modification include:

• Parent relocating a significant distance
• Substantial change in a parent’s work schedule
• New educational, medical or developmental needs
• Repeated failure to exercise scheduled possession
• Serious substance abuse concerns
• Mental health concerns that endanger the child
• Unsafe living conditions
• Voluntary relinquishment of primary care

Avoid Self-Help Solutions After a Life Change

Regardless of whether you are requesting a child support or custody modification, it’s crucial that you go the proper legal route to modify an order. Without court approval, you should not make changes to child support, ignore scheduled exchanges, move the child outside the allowed area, deny possession due to unpaid support, or unilaterally decide on a different possession schedule.

We’re Here to Help—Let’s Talk About Your Next Steps

Job loss, relocation, or significant schedule changes can complicate a once-ideal parenting agreement. We’re here to help when circumstances change. Call us at 817-968-7191 or get in touch online now.