Modifying your child support agreement in Texas is a process that begins with filing a petition with the court. Once you’ve done that, you’ll need to notify the other parent of the hearing date and exchange financial information. The process can be complicated, but there are ways to make it simpler. In this article, we’ll discuss the worst mistakes Texas rookies make when modifying their child support agreement – and how to avoid them.
Not Hiring A Family Law Attorney
If you are going through a child support modification in Texas, the worst mistake you can make is not hiring a family law attorney. There are many complex laws involved in child support modification cases, and an experienced attorney can help you navigate the process and protect your rights. without an attorney, you are at a disadvantage and may end up making mistakes that could cost you dearly in the long run.
Another mistake to avoid is trying to modify your child support order on your own. The forms can be confusing and if you make a mistake, it could delay the process or even result in your request being denied. It’s worth it to have an attorney handle the paperwork and ensure that everything is done correctly.
If you’re facing a change in your financial circumstances, don’t wait to seek legal help. The sooner you contact an attorney, the better chance you have of getting the outcome you want.
Failing To Report Changes To Your Income
One of the most common mistakes that people make when they are trying to modify their child support payments is failing to report changes in their income. If you have had a change in your income, it is important to let the court know as soon as possible so that your payments can be adjusted accordingly.
Another mistake that people make is not keeping up with their child support payments. If you fall behind on your payments, it will be very difficult to catch up and the court may order you to pay a higher amount. If you cannot make your payments, contact the court as soon as possible to explain your situation.
Finally, another mistake that people make is not communicating with their ex-spouse about changes in their financial situation. If you are having trouble making ends meet, it is important to reach out to your ex and try to come up with a plan that works for both of you. Child support modifications are never easy, but if you communicate openly and honestly with your ex, it can make the process a lot smoother.
Modifications to child support are likewise not retroactive. Changes to child support orders can only be made retroactively to the date the request was made.
Making Payments Outside Court-Approved Methods
The majority of child support judgements now contain an automated income withholding order that is sent to the non-custodial parent’s employer and instructs them to deduct child support from the non-custodial parent’s salary. The money is then sent straight to the parent with custody (usually through the child support office).
Still one of the worst mistakes a child support modification rookie can make is paying their ex outside of court-approved methods, like paying the other parent directly or using a friend or family member to act as a middleman.
This can be done for a number of reasons, such as avoiding a wage garnishment or trying to keep the payments secret from the other parent.
Unfortunately, this is often seen as an act of contempt by the courts and can lead to serious consequences, such as jail time. As not only does this make it more difficult to track and document payments, but it also gives the other parent the opportunity to refuse or return the payments, which can then be used against you in court.
If you’re ordered to pay child support, always make sure to do so through the proper channels. If you are looking to modify your child support payments, always use court-approved methods to make and receive payments.
Paying Past The Age Of Emancipation
The most common mistake that parents make when it comes to child support modification in Texas is paying support beyond the age of emancipation. In Texas, the age of emancipation is 18, unless the child is still attending high school full-time, in which case support can be paid until the child graduates or turns 19, whichever comes first.
Many parents mistakenly believe that they are required to continue paying child support even after their child becomes an adult, but this is not the case. Once your child reaches the age of emancipation, you are no longer obligated to pay child support. If you continue paying support beyond this point, you will be doing so voluntarily.
If you are currently paying child support and your child has reached the age of emancipation, you may want to consider stopping payments. While you are not legally obligated to do so, it may be in your best financial interest to do so. If you have any questions about whether or not you should continue paying child support after your child becomes an adult, you should speak with an attorney who specializes in child support modification in Texas.
Lying About Your Income
One of the worst mistakes you can make when seeking child support modification in Texas is lying about your income. If the court finds out that you’ve been less than truthful about your earnings, they may not only deny your request for modification but also order you to pay back any child support payments that were based on your false information.
To avoid this mistake, be honest about your income from the start. Keep detailed records of your earnings and provide them to the court when requested. If your income has changed since you first started paying child support, be sure to provide updated information as soon as possible so that your payments can be accurately calculated.
Terminating Payment When Your Child Reaches 18
There are a few things to keep in mind if you’re thinking about terminating payments. First, in Texas, child support generally terminates when the child turns 18 or graduates from high school, whichever comes later. So if your child is still in high school when they turn 18, you’ll need to continue making payments until they graduate.
Second, even if your child is no longer a minor, you may still be responsible for paying some of their expenses. This includes things like college tuition or medical bills. So before you terminate payments, make sure you’re not leaving your child with a financial burden they can’t handle.
Third, if you terminate payments without getting a court order, you could be held in contempt of court. This means you could be fined or even sent to jail. So it’s important to get a court order before terminating payments.
Overall, it’s important to be careful when terminating child support payments. Make sure you understand the law and get a court order before stopping payments. Otherwise, you could end up in hot water with the court.
Assuming That Quitting A Job Or Receiving Unemployment Will Terminate Child Support
If you’re considering quitting your job or claiming unemployment in order to reduce your child support payments, think again. In the state of Texas, voluntarily quitting your job or becoming unemployed will not terminate your child support obligations. If you’re struggling to make ends meet, you may be able to modify your child support payments by filing a petition with the court. However, simply quitting your job or becoming unemployed will not stop you from owing child support.
If you are a noncustodial parent in Texas and you have recently lost your job or been laid off, you may be tempted to believe that this means your child support payments will automatically end. Unfortunately, this is not the case. Child support is based on your income, not your employment status. This means that even if you are unemployed, you are still responsible for making child support payments.
However, There are a few ways to modify your child support payments if you have lost your job or had your hours reduced. You can file a petition with the court to have your payments temporarily suspended or reduced. You will need to provide proof of your unemployment or reduced income. You can also try to negotiate a new payment plan with the other parent. If you and the other parent can agree on a new amount, you can submit this agreement to the court for approval.
If you don’t take action to modify your child support payments when you lose your job or have a reduction in income, you may start accruing unpaid child support. This can lead to wage garnishment, loss of driving privileges, or even jail time. If you are having trouble making your child support payments, it’s important to take action as soon as possible.