Search Site
Modification of Custody based on Parental Financial Resources

Modification of Custody based on Parental Financial Resources

Both parents are required to contribute toward the support of a child. The amount of support is based on the income of the parents, with adjustments for certain other obligations such as day care or extraordinary health expenses. For the most part, courts do not consider modifying custody based solely on a parent’s financial resources, but such resources may be a factor where a change in circumstances can be shown.

Best Interests of a Child

Where a court has determined that there was a change in circumstances affecting a child, the court will consider the best interests of that child in deciding whether to change custody. One factor may be the financial resources of each parent. The fact that one parent has substantially more income than the other is not a critical factor because an order of child support would make the amount expected to be spent on the child available to the child. The fact that a parent has become disabled and can no longer earn at the same level, but is limited to a Social Security disability benefits is not a circumstance that would deprive that parent of custody. A California court stated that the remedy for unequal financial resources is to award child support, not take away custody.

However, if the parent is unable to keep a job and has had numerous jobs over a short period of time, the inconsistency in the life of the child may be the basis for a change of custody. Where the income of the custodial parent, even with child support, results in a home in an area with a problem school, while the other parent lives in a far superior school district or could send the child to a private or parochial school, the court might believe that a change in custody is in the best interests of the child. In a situation where both parents are of limited education and income at the time of a custody dispute, and the noncustodial parent later completes his or her education and gains skills enabling that parent to provide a better standard of living for the child, the court may again look at what is best for the child and would likely change custody.

Often, a child will prefer living with a parent who has substantially more financial resources. If the court was aware of the comparative resources of each parent prior to an award of custody, it will be difficult for a child to show a change of circumstances to warrant a change of custody. If one parent after a divorce begins earning large amounts of money, wins a large lottery, or is the recipient of a large inheritance, the parent may use the funds to attempt to entice the child to want a change in custody. Courts will look at the totality of circumstances before granting the request.

Experienced Legal Representation in the Greater Lubbock area

Help with your divorce, child custody, or other family law issue is only a call away. Contact Robert Reid McInvale toll-free at 833-884-3087, or complete our online contact form.

Come meet us at our convenient location:

1001 Main St.
Suite 801
Lubbock, TX 79401
Serving all of West Texas

Your case can be handled by Reid McInvale in YOUR county of residence or any other county in the Greater Lubbock Area and the entire State of Texas.

Call for an appointment:

Main number 806-747-2602
Toll-Free Number: 833-884-3087

Contact us for help with your divorce, child custody, or other family law issue
Robert Reid McInvale Attorney Photo
Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Lubbock. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

What our clients are saying

  • yelp

    Highly recommend him! Excellent legal representation. Highly skilled, held in high regard in the legal network, professional, intelligent and gets the results you need.

    Read more

    Marianne K.

  • google

    I rarely take time to post online reviews but our experience with Reid McInvale has been so good that I want to do whatever I can to help other people find this attorney. it was overwhelming when we started looking for a divorce and child custody att...

    Read more

    Cheryl Wiker

  • google

    Don't waste your time and money searching and interviewing other lawyers. Mr. McInvale did my custody case in 2010 and I have always returned to him when I had an issue or a question. He is a very truth speaking and up front attorney. He is NOT like ...

    Read more

    Mandi Friestad

  • google

    Mr.McInvale gets the job done. Most definitely willrecommend him and consider in the future as necessary to family & friends! If you need a Divorce call him.

    Read more

    Julia Coleman

See all reviews
Contact us

Quick Contact Form