2018’s Impact on Child Support Payments

Two major changes to the Texas Family Code’s (TFC) child support provisions went into effect on September 1, 2018.  These changes impact parents ordered to make child support payments, as well as parents seeking to change their current child support agreements.

Dental Insurance Coverage

The TFC requires that the person who pays child support (obligor) is responsible for providing the child with health insurance.  Although obligors could cover dental insurance prior to the 2018 modifications, it was not a requirement.  The recent modification to the TFC now requires the obligor to pay for all or part of the child’s dental insurance as well.  Fortunately for obligors, this expense may be deducted from their total monthly resources available for child support.

Restricting Modification Criteria

Before the changes went into effect, the TFC stipulated that courts could change child support agreements under the following circumstances:

  • Where the marital status, financial situation, or general circumstances of the child or either parent significantly changed since the child support agreement was initially ordered.
  • Whether divorced or divorcing parents reconciled child support payments through mediation or another administrative legal proceeding.
  • The amount of child support paid departs from what the TFC stipulates by at least 20% or $100.

Likely the most significant change to the TFC guidelines is that modification cannot be based on the third circumstance.  Consequently, courts can only modify these child support agreements if the circumstances of the individual affected by the order have substantially changed since the date the order was issued.

Conclusion

These new child support provisions will be applied prospectively.  For child custody orders placed after September 1, 2018, courts will require that dental insurance be provided under the medical support portion of child support orders.  Finally, parents who attempt to modify child support orders after September 1, 2018 are subject to restricted reasons for obtaining a modification.

Written by: Jordan Williams