Southlake Child Support Modifications Lawyer

In a Texas divorce involving minor children,  the person who has to pay the child support is called the obligor, and the person who receives it is the obligee. The obligee usually has primary custody of the child, incurs most of the expenses, and is the one with whom the child lives.

Texas assigns child support based on the guidelines outlined in Texas law, which lead the courts when deciding how much support to award. The obligor will usually pay support until the latter of the child turns 18 or graduates from high school. During this time, circumstances might change, and it might be necessary for one parent to modify the support order, which requires following a specific legal process.

If you need to change an existing child support order in Southlake, your first call should be to Mims Ballew Hollingsworth | Family Law. Our team handles all types of child support cases in family court.

How to request child support modification in Texas

Child support modifications can be a challenging conversation to have with your ex, but there are times when this might become necessary. Situations change over time, and this often results in a request to change a child support agreement. Several of the common  reasons that someone might request a child support modification in Texas include: 

• Your income has changed.
• Your ex’s income has changed.
• Your child has turned 18 years old and is no longer a minor.
• The costs of raising a child (education, health care, extra activities, etc) have changed.

If you are looking to modify your current child support order, it is essential to understand how to frame and present this request. In order to request a child support modification, your first step will be to ask the courts to review your current plan. 

You can make a child support modification review request online, but it is important to make sure that you have all of the necessary documentation before you begin the request. Further, you want an attorney’s guidance. 

You will only be able to submit one request to the courts for this review. Your child support attorney can help you go through this process so that you do not miss any of the important steps or documentation.

How the Guidelines Work

The court will apply one of two standards, depending on whether the obligor’s net monthly income is more or less than $9,200.00. For the lower net monthly income, the court applies a standard of:

• One child – 20 percent
• Two children – 25 percent
• Three children – 30 percent
• Four children – 35 percent
• Five children – 40 percent
• Six children – not less than 40 percent

For those whose net monthly income is over $9,200, the court will apply these guidelines only to the first $9,200 of income. If the obligee can demonstrate special needs, the court may award more. However, the extra amount awarded cannot exceed the proven additional need.

Once the amount the obligor will pay is determined, the court will issue a child support order.

How to File a Child Support Modification in Texas

There are two ways that child support can be modified, either through the Child Support Review Process or through a court hearing. Filing a request for a child support modification in Texas is a fairly straightforward process as long as you are organized and have the right documentation. 

To start, you can file a request for a modification online. The state’s office will reach out to you and your ex-spouse within 30 days of receiving your request. Although a request for a modification might be relatively straightforward, the response from your ex may not be. For this reason, it is always advisable to work with an experienced Fort Worth child support attorney.

Once you and your ex have both been contacted about the modification request the next step will be to verify income, address, and health insurance information for your children. This information can also take a bit of time to collect depending on how quickly all parties respond. From there, you can expect a review of the case based on the modification request and if your current circumstances have changed. The review will result in your request either being approved or denied.

• Seeking to Change the Order

To seek a child support order modification, the obligor must prove that there has been a significant change in circumstances. Such a change can include job loss, transfer to an off-short job location, or if the custody agreement has changed. The obligor may also consult the Officer of Attorney General Child Support Division (OAG) to request a change if the order has been in place for at least three years and the current support amount varies from the current Guidelines by 20 percent or $100.

• Submitting a Request for Review

There are several steps in the process for modification. You may wish to get an attorney to help you through this process since it is somewhat complex and can, in the end, be very financially significant for you.

Your attorney can request a review and file a Child Support Modification Request.

You can request a modification if your order is at least three years old and differs by 20 percent of $100 from the current Guidelines. You may also request a change if you have experienced a “material and substantial” change in your circumstances.

A material and substantial change in circumstances might consist of:

• • Increase or decrease in noncustodial parent’s income
  • The noncustodial parent is now legally responsible for more children
  • Change in the child or children’s medical insurance coverage
  • Child or children are currently living with a different parent

Any one of these conditions entitles you to apply for a modification.

• How It Happens

There are only two ways a modification happens. You can go to an in-office negotiation called a Child Support Review Process (CSRP), or you can go to court.

• Child Support Review

This process is an administrative process to modify child support, medical or dental support, or determine paternity. It usually takes place at a local Child Support Division Office. Usually, both spouses and the Child Support Officer are in the room for the meeting, which generally lasts for around an hour. If the parties agree on a proposed change, the Officer will send an order to a judge for signature. If not, the office will schedule a court hearing.

If there has been family violence or one spouse is a minor, the case must go to court. Or you can go to court. You and your spouse deciding the amount can be different and does not change the court-order amount for which the obligor is legally responsible.

• Court Hearing

Your case will go to court if:

• • One spouse has been a victim of abuse and has safety concerns
  • The parties did not reach an agreement in the CSRP meeting
  • One of the spouses is a minor
  • The Office of the Attorney General determines that court review is appropriate for your case

At court, you will again meet with an officer to try to reach an agreement. If you do, the judge will receive the order and sign it. If not, an assistant attorney general presents the case to the judge, and the judge will decide. Cases that go to court can take a long time and sometimes more than one court appearance.

How to respond to a child support modification request in Texas

If you are on the receiving end of a request to modify child support in Texas, you may or may not be surprised when you receive the notification. Regardless, it is important to respond as soon as possible so that the process is not delayed. Your dedicated child support lawyer can help you respond to a modification request. Obtaining a new order and modifying child support can often take up to six months, so it is helpful to be prepared for what to expect with the timing.

Contact a Southlake Child Support Attorney Today

If you are involved in a contentious child support dispute, you should contact an experienced attorney at Mims Ballew Hollingsworth | Family Law today. Contact us or call 817-900-8330 for skilled assistance with your child support needs.

Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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