(833) 553-4251
(833) 553-4251
When circumstances change, sometimes child support orders must change, too. A job loss, new career, or other significant life event could make a current agreement no longer fair or workable. Whether you pay or receive support, if you need to make adjustments, our San Antonio child support modification lawyers could guide you through the process. Kimbrough Family Law, PLLC, focuses solely on divorce and family law issues. Our child support attorneys are committed to protecting your rights and helping you resolve your situation with compassion and understanding.
Not all child support orders are eligible for modification. According to the Attorney General of Texas, you can only seek a change under certain circumstances. So long as your current order has not undergone a change or review in over three years, the current amount of support is 20 percent (or $100 or more) different from the amount that state guidelines would award today, and there has been a “material and substantial” change in circumstances, you can pursue modification.
Life events that qualify as material and substantial changes include:
Our child support modification lawyers in San Antonio could review your current order and help you determine if you have grounds for requesting a change.
Your first step in modifying a child support order is to request a review. Only one parent needs to make the request, and the court will contact both parties within 30 days of it being filed. You and your co-parent will then submit documentation to the court, including information about your income and your child’s medical coverage. The court may contact your employers and other parties to request additional information if needed.
Once the court has documentation, it can begin the review. It will look at your current order and all previous orders and consider any changes in your circumstances or the other parent’s circumstances. If the court agrees with the modification request, you can move forward with a Child Support Review Process appointment. If the court does not agree, you could contest its decision.
At the Child Support Review Process appointment, you and your co-parent work out a new agreement through negotiations. Our San Antonio child support modification attorney could represent you during this proceeding, which may take time. If you both can agree on a new order, a judge will sign it. If not, you must attend a hearing before a judge, who makes a ruling based on the evidence presented by each party.
There are statutory guidelines the court uses to set child support payment amounts. According to Texas Family Code § 154.125, if there is one child, the parent who pays support will pay 20 percent of their monthly net resources. For every additional child, this percentage increases by five percent, up to 40 percent for five or more children.
For those with less than $1,000 in monthly net resources, payments start at 15 percent for one child and increase to 35 percent for five or more children. Our child modification attorneys in San Antonio could help you identify the amount of support that the court is likely to award in your case.
When seeking a change in child support, presenting a solid case based on evidence is crucial. You must show that there is a legal justification for the change. You must also ensure that the new order is fairly based on each party’s current financial situation.
Our San Antonio child support modification lawyers help parents seek modifications and prove their reasons for requesting a change. We also help parents defend against unfair modification requests. Contact us to learn more about your rights and how Kimbrough Family Law could help.
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