How and When to Change the Amount of Child Support Payments in Texas
Parents can request a Child support modification in Texas. Texas child support orders determine the required amount a non-custodial parent will pay for child support payments in Texas.
The child support payment in Texas is for the financial benefit of the child. Courts establish the amount the non-custodial parent pays to the custodial parent.
Only a court can modify court-ordered child support payments in Texas. Change in a parent's employment, custody, or owe back pay for child support are reasons to get a better understanding of how to request a child support modification in Texas because they may be reasons to get a modification.
Child Support Modification in Texas
Parents can complete a child support modification in Texas in two ways. The first is to go directly to the court to request the desired modification to the existing court order. The quicker option typically is to request the support modification in Texas through the Child Support Division of the Texas Attorney General. The Child Support Division of Texas will evaluate modification requests via the Child Support Review Process (CSRP).
A child support modification in Texas to happens under two circumstances. First, it has been three years since the last child support order in Texas. Also, the new requested amount is at least 20% or $100 different from the previous amount ordered.
Secondly, when a "material and substantial" change in circumstances has happened in the parent's life. Material and substantial change typically must include:
- An increase or decrease in the noncustodial parent's income;
- A change in medical insurance coverage that affects the children;
- The children's living arrangements change; or
- The noncustodial parent has become legally responsible for more children.
When a non-custodial parent loses their job, is deploy or returns from active duty military service this is commonly a "material and substantial change. Therefore, a modification of child support payments in Texas is typical.
Support Payments in Texas
Remember, only a court can change the child support you are required to pay. You cannot begin paying a lower amount, even if the two parents agree on the lower amount. The new amount must be put into a child support modification in Texas. When a non-custodial parent has lost his or her job or had a loss of income, the non-custodial parent is still must pay the court ordered child support amount.
Texas Child Support Orders
The easiest way to request modification of a child support order is to complete a Request for Review" form and a "Child Support Review Questionnaire". Once completed, give these documents to the child support office that handles your case. This will be the start of seeking your child support modification in Texas.
Forms and location the correct child support office can be found on http://www.texasattorneygeneral.gov/.
Another option is to go through the Texas Family Law courts to lower your child support. The judge will hear your case and determine your child support payment.
When the custodial parent lives in a different state and the first child support order was not issued in Texas, then Texas will no handle the modification of child support for your case. Therefore, Parents will need to follow the rules of the other state. Contact the that issued your child support order to gather further information.
The process is confusing to many. Seek additional answers and resources. Confused by the process, then contact America Family Law Center.
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