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.

Some orders are easier to modify while others are almost impossible. It is not easy to alter an agreement that was negotiated between the two parties. It is surprisingly easy to modify a post-trial order. The best way is to exploit the provisions made on alterations during negotiations. It is commonly difficult to modify an agreement arrived at during divorce or separation proceedings.

Child support agreements vary from one state to the other. Some are difficult to modify because the parent states consider them as valid contracts. A court order may be nullified by another but an agreement is really difficult. The argument is that alteration on one clause may affect the entire contract. The complexity of divorce and separation makes it a huge challenge to change.

Change in circumstances may also result from the age of children being supported. Such can be cited as ground for review. They are likely to have completed school or gotten into institutions requiring more money. Your legal team should provide proof to have the changes effected.

The skills of your attorney determine the level of success in getting your request granted. This requires an articulate presentation of facts and the uniqueness in your case. It takes experience and dedication to achieve this.




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