Unable to Meet Child Support Obligations During a Pandemic.

On March 11, 2020, the World Health Organization characterized COVID-19 as a pandemic. The effects of COVID-19 are not limited to health challenges. There will be accompanying financial losses for a lot of people  owing to unemployment due to lockdowns, or reduced work hours.

If you have child support obligations, and are unable to meet these child support obligations due to loss of income or reduced income, you may apply to the court to reduce the child support obligation by filing a suit to modify child support. In Texas, there are three grounds upon which a child support order may be modified:

1. Parties’ agreement: If you and your child’s order parent (or person to whom the child support is paid for the benefit of the child) are able to reach an agreement on a modification, and the court finds that the modification is in the best interest of the child, the court shall modify the child support order.
2. Material and substantial change: A court may modify a child support order if there has been a material and substantial change in the circumstances of the child or a person affected by the order. The petitioner has the obligation of showing material and substantial change. Thus, if your job has been affected and you are unable to meet your child support obligation, you may apply to court for a modification of the child support order. However, you should be prepared to show how this event has resulted in a material and substantial change in your circumstances.
3. Three-year modification rule: This rule generally allows a court to modify a child support order if it has been three years since the order was rendered or last modified, and the monthly support obligation differs by either 20% or $100 from the amount that would be awarded under the current child support guidelines.

If you are suffering a loss of income due to COVID-19 and are unable to meet your child support obligations, please consult with an attorney to examine your peculiar circumstances and help you navigate the child support modification process.