In some cases, previously settled child support agreements may need adjustments. This may be because of the unpredictability of life or changes in circumstances.
As a parent, you must understand how to navigate these waters to ensure your child’s best interests continue to be met. Let’s explore the process of child support agreement modification in Texas.
Understanding the Basics of Child Support Modification
In Texas, a child support order isn’t etched in stone; it can be modified if there’s a substantial change in the child’s circumstances or either parent. Examples of such changes may include an increase or decrease in income, loss of employment, a parent having another child, or changes in the child’s needs.
However, child support agreement modification doesn’t happen automatically. To initiate the process, a parent must file a request with the court that initially established the order. If both parents agree on the proposed changes, they can jointly submit a modification request. If not, the requesting parent must demonstrate why the modification is necessary.
The Process of Modifying Child Support
Understanding the process for modifying a child support order in Texas can help parents navigate the legal landscape more effectively. Here is a more detailed overview:
- Filing a Request:The process starts with the parent seeking the modification filing a “Petition to Modify the Parent-Child Relationship” with the district clerk’s office in the county where the order was rendered. The motion must explain the material and substantial changes that justify the modification.
- Serving the Other Parent:After filing the motion, the parent must ensure the other parent is officially served with a citation and a copy of the motion. This service ensures the other parent is notified of the pending legal action.
- Response:The other parent has the opportunity to file a written response. They may agree with the modification, or they may contest it. If they contest, they need to provide reasons in their response.
- Discovery:If the modification is contested, both parties may proceed to the discovery phase. Discovery involves gathering evidence to support each party’s claims. This can include financial documents, medical records, or any other information relevant to the change in circumstances.
- Negotiation or Mediation:The parents may negotiate an agreement outside of court or attend mediation to try to resolve their issues. If they reach an agreement, they present it to the court for approval.
- Trial:If negotiation or mediation fails, the case proceeds to trial. Each party presents evidence supporting their claims, and the court makes a decision based on the evidence and testimony.
- Issuance of the Order:If the court agrees that a modification is necessary, it issues a new child support order reflecting the adjusted amount of support.
Whether you’re initiating the modification or responding to a request, hiring an experienced family law attorney is imperative. They’ll guide you through the process, gather evidence, represent you in court, and advocate for your child’s best interests.
Recommended Read: Understanding the Uniform Child Support Jurisdiction Act in the Texas Family Code
How Can Daniel Ogbeide Law Help?
While it’s possible to request child support agreement modification on your own, the process can be complex, especially if the other parent disputes the change. An experienced family law attorney will take care of all the legwork for you.
At Daniel Ogbeide Law, we’re the helping hand you need. Our practice areas include divorce, family law, child custody, child support, child adoption, protective orders, immigration law, and more. Whether you’re looking for affordable divorce attorney Houston, family court lawyers houston , adoption attorney houston, or a child custody lawyer in Houston, we’d be more than happy to help.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.