Modifying Child Support in Texas
Many parents in Texas go through divorce and the process of child support, but many parents' financial situations change after the initial child support decision is made.
January 21, 2012 /24-7PressRelease/ -- Modifying Child Support in Texas
Many parents in Texas go through the process of establishing child support in divorce, but many parents' financial situations change after the initial child support decision is made. This article discusses situations in which parents in Texas may request for the modification of their child support services.
In Texas, parents who pay and receive child support are eligible to have their child support orders reviewed. The steps for a review of a child support order are similar whether the parent receives child support or pays child support.
The first step in the review of a child support order is to ensure that there is an open child support case with the Office of the Attorney General. If there is no open child support case, the parent or guardian who has possession of the child may complete an online application to begin child support services. Parents should remember that any child support service decisions will be made with the best interest of the child in mind.
There are generally two ways to modify child support in Texas after an order has already been established. A court can change a child support order if there is a "material and substantial change of circumstances" or if three years have passed since the last order. Generally a material and substantial change of circumstances occurs when the paying parent's income has either increased or decreased, the paying parent has become legally responsible for more children since the order was established, or the child's health insurance coverage or living arrangements have changed.
If it has been three years or more since the initial child support order was established, a modification may be ordered if the monthly child support order differs by either $100 or 20 percent from the amount that would be awarded under the child support guidelines. Texas' child support guidelines can be found on the Office of the Attorney General's website.
Applicants for child support modifications will need to provide certain information to the Office of the Attorney General. The documents required for a modification request include:
-A copy of the divorce decree, separation agreement or court order for child support
-A copy of the acknowledgement of paternity if such documents have been signed
-The birth certificate of the child involved
-Documents that reflect the incomes of both parents including tax returns, bank statements and paycheck stubs
-Evidence of child support history
If a modification is granted, the length of time before a change in payments can begin depends on the circumstances of each case.
If you are a parent who lives in Texas and would like to have your child support order reviewed, contact an experienced Texas family law attorney to review your options.
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