Child Support Modifications for Caregiving After a Child’s Injury
No parent wants to see their child in pain. When a child is seriously injured, regardless of the cause, it can turn a family’s life upside down. Hospital stays, therapy, and constant care become part of everyday life.
In many families, one parent must either quit their job or reduce their availability to become their child’s sole, full-time caregiver. Depending on the severity or complexity of the child’s condition, the timeline for treatment and recovery can be indefinite. This makes it difficult for the non-working parent to maintain financial stability or re-enter the workforce. Being awarded child support modifications for caregiving after a child’s injury would help alleviate some of the burden.
Though your focus is on your child’s recovery, financial obligations like child support don’t go away. These obligations may also no longer reflect your new reality. If your role as a caregiver has impacted your ability to work, you may be able to seek an adjustment to your child support arrangement.
This guide will walk you through how Texas courts may view caregiving responsibilities after a child’s serious injury and what steps you can take to protect your financial stability as you care for your child.
What are child support changes for caregiving?
Texas Family Code §154.125 outlines the guidelines for calculating child support, which is primarily based on income and resources. If a child becomes hurt and requires intensive care, this formula can be adjusted to account for the time, effort, changes in caregiving, and impact on resources of a parent who is caring for that child.
Courts evaluate whether a material and substantial change exists and may deviate from guidelines for factors such as extraordinary medical needs. However, courts can impute income if a parent is believed to be intentionally unemployed. If the modification is approved, it might indicate that the court realizes the parent caring for the child may be unable to contribute financially due to the amount of time they dedicate to caring for their child.
Why child support modifications matter after a child’s injury
When a child experiences a serious injury sustained from a traumatic event, such as a car accident, sports incident, or fall, they may need immediate and long-term care. Your child may need:
- Around-the-clock assistance with mobility, hygiene, or eating
- Frequent doctor appointments or specialist visits
- Physical or occupational therapy
- Medication administration
- Help with homeschooling if they’re unable to attend school
Impact of intensive caregiving on child support obligations
This high level of care makes it hard, if not impossible, for one parent to work full-time. According to the National Alliance for Caregiving and AARP, half of family caregivers report that caregiving has a negative impact on their job. If the caregiving parent is still expected to pay or forgo receiving child support during the ordeal, the financial arrangement may become an unreasonable financial burden.
Fortunately, if a Texas court finds there has been a “material and substantial change in circumstances,” it can modify the support order to reflect this caregiving parent’s contribution and the family’s new reality. From a policy perspective, judges aim to avoid penalizing parents who put their child’s recovery and best interest above their own.
How do courts evaluate caregiving in support calculations?
Courts look at numerous factors when determining the impact of caregiving on child support obligations. A Texas judge may ask a series of questions like:
- Is care required temporary, long-term, or indefinite?
- How many hours per week does the parent spend caring for the child?
- Has the parent reduced their hours, changed jobs, or quit their job?
- Can the parent afford professional support or services?
- What is each parent’s income, assets, and ability to contribute?
These same types of factors, recognized under Texas law, are indirectly recognized on the federal level. The U.S. Department of Health and Human Services’ Child Support Services program notes that child support programs often assess factors such as a parent’s actual income and ability to pay, as well as any medical or caregiving obligations that may impact their ability to pay.
Who may qualify for child support adjustments?
In certain situations, the parent who assumes the majority of caregiving responsibilities due to the child’s injury may be eligible for child support modification. This is usually the parent who:
- Quits or cuts back on work to care for the seriously injured child
- Gives daily medical and emotional support
- Manages therapy, schooling, and recovery
Occasional help is viewed as a part of ordinary parenting. As such, everyday obligations that come with being a parent don’t call for a change in support. Ultimately, the court will use a metaphorical magnifying glass to examine whether the caregiving parent’s inability to work is both reasonable and directly tied to the child’s medical needs.
Limitations and considerations
Even though child support modifications recognize the vital contributions of caregiving, judges are mindful that the award must primarily serve the best interests of the child. Consequently, modifications should adjust support amounts fairly.
- Changes are not guaranteed. The caregiving parent requesting a modification must prove the impact on their income.
- Texas law examines the situation of both parents and seeks to balance the caregiving responsibilities with the needs of the injured child and the financial capacities of both parents.
- As the child recovers and caregiving responsibilities lessen, awarded support amounts may need to be revisited.
When caregiving becomes critical: know your rights
When your child is injured, it’s understandable that caregiving can turn from a labor of love into a full-time job. Typically, in these situations, Texas courts recognize this commendable effort through child support adjustments. Such a modification in pressing times can help ensure that caregiving parents are not penalized financially for prioritizing their child’s best interest to support the child’s recovery.
If you’re in the unfortunate situation where your child has been injured and you’ve taken on a full-time caregiving role that affects your income, you may be eligible for help. Think about getting legal counsel to understand your options. A judge can modify your child support order to reflect your child’s new needs and your new reality in meeting those needs.
At our San Antonio firm, we help parents navigate the complex family law landscape. We focus on lessening your financial burden so you can focus on your child. Our experienced team can help guide you through the process of requesting a child support modification. Get in touch with us to set up a consultation.