How To Modify Child Support Through Family Law

By Mattie MacDonald


Child support can be modified at the request of any parent. The court grants your request based on the strength of the argument you make. There are several provisions made in the family law, Katy TX to facilitate such alterations. A thorough evaluation of changed circumstances will force the court to set aside the original order and allow for modification.

Modification is possible if there is prove of changed circumstances. The circumstances could have changed to your favor or against you. This will necessitate a reduction on your part or demand that the other party pays more. The changes could be increased demand from other children or the children you support have moved in with you.

The income you earn determines how much support you provide. A change could mean that you are earning more or less. This means that the terms as indicated in the agreement will be adjusted to reflect your new salary scale. Laws vary from one state to the other with some demanding a review where the change is 10 to 20 percent up or down.

Voluntary change in level of income does not qualify for a review. This means that a person who quits his job cannot apply for review. Joblessness only applies if you are collecting unemployment allowance. A request may be reviewed if the supporting partner earns significantly more than what was quoted during negotiations.

The law changes slightly from one state to the other with the aim of protecting partners from constant legal proceedings. It sets a cap on the number of times the review can be made within a certain number of years. Lack of sufficient grounds for review causes a case to delay and may eventually be thrown out.

Not all orders are easy to modify. The terms that were set during negotiations will determine how easy your case will be. Agreements that were developed during negotiations are more difficult compared to post trial orders. Agreements that form part of divorce proceedings are even more difficult to modify. The leeway should be left and clearly marked before the negotiations are completed.

The difficulty in altering negotiated support agreements arises because some states consider them as contracts. This makes them more difficult to modify in comparison to orders given by the court. The matter is complicated when separation or divorce proceedings become part of such agreements. Other issues might be affected by a slight change in a single clause.

The age of the children being support also affects the amount you will be required to pay. Their requirements may have changed in such a way that they require more or less. This will alter the support agreement to favor or reflect the changed circumstances.

Success in modifying child support agreements depends on the skills of your attorney. The facts of your case must be presented in a convincing and articulate manner because they are unique. Experienced lawyers offer incredible advantage because they understand the dynamics of different circumstances.




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