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.

Get In Touch With Us

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 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.

Get In Touch With Us

We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

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 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.

PROVIDING CUSTOM-TAILORED LEGAL SOLUTIONS

Fort Worth, TX Divorce & Family Lawyers

request consultation

SERVING FAMILIES WITH MORE THAN 75 YEARS OF COMBINED EXPERIENCE

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 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.

client-img

Fort Worth, TX Divorce & Family Lawyers

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.

Contact a Southlake 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.

Get In Touch With Us

We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

Southlake Attorneys

Client Reviews

What our clients are saying about us

Kam J.

star-img 3 months ago
review-quiet
Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

Mims Ballew Hollingsworth | Southlake Child Support Modifications Lawyer

At Mims Ballew Hollingsworth | Southlake Family Law, our team of experienced attorneys is dedicated to serving as your trusted Southlake Child Support Modifications Lawyer. With over 75 years of combined experience, we are committed to guiding clients through the challenges of divorce and family law cases. Conveniently located at 700 North Carroll Avenue, Suite 170, Southlake, TX 76092, our office is strategically positioned to assist clients throughout the Southlake area. For easy navigation, you can visit us using the following GeoCoordinates: 32.949267, -97.134676. Contact us at 817-900-8330 to schedule a consultation and benefit from our extensive expertise in family law.

Contact Us Today!

Put Our Team On Your Side

or call us at

817-900-8330

    • img
    • img
    • img
    • img
    • img

    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three separate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

    Loyd Camp
    • img
    • img
    • img
    • img
    • img

    Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

    Donna DeTomaso
    • img
    • img
    • img
    • img
    • img

    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgment and I know he has his clients well being at the forefront of everything.

    William Hawthorne
    • img
    • img
    • img
    • img
    • img

    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

    C Grucza
    • img
    • img
    • img
    • img
    • img

    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

    Dante Martinez
    • img
    • img
    • img
    • img
    • img

    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

    Autumn Colson
    • img
    • img
    • img
    • img
    • img

    Kelly & Brian helped us in our child custody case, and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawye ...

    James Homerstad
    • img
    • img
    • img
    • img
    • img

    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

    Heather Varon
    • img
    • img
    • img
    • img
    • img

    Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

    Misty Benson
    • img
    • img
    • img
    • img
    • img

    Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

    Phuc Lam
#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.

locations

Areas we serve

area-1

Fort Worth, TX

Our family law and divorce attorneys in Fort Worth are ready to take your case. Visit us now!

area-1

Southlake

Our experienced family law and divorce attorneys in Southlake are ready to assist you. Get in touch with us now!

area-1

Flower Mound

Our family law and divorce attorneys based in Flower Mound are available to take your case. Contact us today!

area-1

Keller

Our family law and divorce attorneys in Keller are ready to guide you through your case. Contact us today!

 

area-1

Colleyville

Our family law and divorce attorneys in Colleyville are here to support your case. Reach out to us today!

area-1

Trophy Club

Our family law and divorce attorneys in Trophy Club are ready to help with your case. Contact us now!

area-1

Grapevine

Our family law and divorce attorneys in Grapevine are prepared to take on your case. Visit us today!

area-1

North Richland Hills

Our family law and divorce attorneys in North Richland Hills are ready to handle your case. Get in touch with us now!

area-1

Denton

Our family law and divorce attorneys in Denton are available to take on your case. Contact us today!