Family Law and Child Support: Does Child Support Go Down if the Non-Custodial Parent Has Another Baby in Texas?

Child support in Texas can change over time for many reasons, and the birth of a new baby could raise questions for the entire family. While welcoming a new child into the world should be a joyous occasion, it can cause financial strain for those who depend on child support payments. This is a complex topic, and the effect of a new baby may vary depending on the unique factors at play.

Families may wish to discuss this subject in more detail with the Garza Law Office, PLLC. After spending more than nine years helping families across Rio Grande Valley, Dora Alicia is an experienced family law attorney in Edinburg, Texas. She studied law at St. Mary’s University before opening her own family law firm in 2015. As a native Spanish speaker, this family lawyer is committed to helping parents of all backgrounds and walks of life.

Why a New Baby Could Reduce Your Child Support

 In Texas, each child is treated equally by family courts. One does not receive preferential treatment when it comes to child support, and this is why the birth of a new child can complicate existing child support agreements.

The logic is that if a non-custodial parent is paying child support to another parent, they should also have enough money to cover the cost of a new child. If child support obligations remained the same, the parent might struggle to care for their new baby. Again, Texas family courts believe that each child should receive the same level of financial support from a particular parent.

Child Support Does Not Decrease Automatically

 That being said, child support does not automatically decrease with the birth of a new child. In order to actually reduce their child support obligations to the first child, the non-custodial parent must petition the family court for a “support modification.” Child support agreements can only be modified if there is a significant “change of circumstance,” and the birth of a new baby is one example of this.

When a non-custodial parent petitions to have their child support reduced, the family court does not simply consider whether a new baby has been born. Instead, they look at a wide range of additional factors to determine whether child support should be reduced for the first child.

Perhaps most notably, the family court will examine the financial situation of the non-custodial parent. During the modification process, the family court could discover that the parent’s financial wealth or income has increased since the initial child support order went into effect.

If a parent’s income has increased since the first child support agreement went into effect, they may struggle to reduce their child support after the birth of a new baby. Even though they have a new baby to support, they may have more financial resources with which to support both children. As a result, reductions in child support obligations could be minimal or non-existent.

This is something an experienced family lawyer may be able to assist with. Often, parents conceal their true wealth and income in order to keep their child support payments low. An experienced lawyer can request various financial documents from the non-custodial parent – potentially uncovering evidence of concealed income or wealth.

This could potentially keep child support obligations at the same level – despite the birth of a new baby. If there is a significant increase in wealth or income, you might even receive more child support after the modification hearing.

Be Prepared to Receive Less Child Support

 Although there are many ways to mitigate this challenge, the birth of a new baby could reduce your child support payments. Parents should be prepared for this new financial reality.

Reach Out to an Established Family Law Firm in Texas

 Whether you’re receiving child support or paying it, you might want to consult with an experienced family law attorney after the birth of a new child. For those who pay child support, welcoming a new baby into the world could help lower support obligations. For those who receive child support, it may be necessary to plan for a possible reduction in these payments. That being said, it is impossible to predict the effects of this event without taking your family’s unique circumstances into account. To discuss these circumstances in more detail, schedule a consultation with an experienced Texas family lawyer today. Choose the Garza Law Office, PLLC – and call (956) 329-1304 to get started.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.