If you have an underlying court order, you may find yourself wondering "when should I ask the court to change the amount?" This can be a tricky and, sometimes, strategic question that you want to get right.
You Owe Child Support and Your Income Has Changed
This is the most important time that you need to get swift change from the Court. If your income has changed enough that you are struggling to pay bills and child support, it is worth contacting the Office of the Attorney General or retaining an attorney to request a lower child support figure. Without a court order changing the amount, you will continue to be responsible for paying that amount and it is unlikely that a court will forgive amounts you were unable to pay.
You are Owed Child Support and Your Ex Has Fancy New Things
Has your ex started arriving to pick up your child in a brand new car? Is she or he posting on social media about extravagant trips? If your ex is now living a lifestyle that they claimed they did have the capacity to live previously, it may be worth asking for a change in child support.
However, you must remember that inviting a child support litigation into your life, you may receive a request to modify other parts of your parenting plan. Oftentimes, parties find that having to pay for a lawyer warrants addressing all issues that have been problems since the last order was entered. So, before you ask for that change, you have to determine whether it is worth potentially starting litigation on conservatorship, possession, and child support.
It Has Been 3 Years Since the Last Order
The Texas Family Code has a provision that parties can request a modification of child support every three years, even if a party cannot prove that enough has changed with the income of the person paying child support. Fortunately, most families can have this taken care of for free with the Office of the Attorney General. They will simply mail a packet to the parties requesting updated information about income, from that information, they will determine whether a change in the child support is warranted.
As always, it is worth consulting with a family law attorney to determine whether your circumstances warrant a modification to the underlying child support order. Mary Neal, a board certified family lawyer, would be happy to review your order and discuss with you options in your case. Call today for a consult.
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