Divorce settlements are based on the living situation, income, and needs of the children at the time of the divorce. However, life does not sit still. Our positions in life change and our financial needs change with it. Here are a few examples of changes that may require the courts to reevaluate your child support orders:
Just when you least expected it, your company went out of business and you are now surviving on unemployment while looking for a new job. You simply cannot make the child support payments. They were based on your past salary which was substantial and you now need a child support reduction.
You stood by your spouse through college, internship, and entry-level jobs. When you got your divorce, your spouse’s salary was modest. However, they are now a successful business employee, doctor, dentist, or other professional. Their income has more than doubled, and you are still struggling to make ends meet and provide for the children. Your children deserve to enjoy the benefits of their other parent’s career, and you need a modification to your child support order.
Your child has become seriously ill. He or she has a mental or physical disability that will always affect his or her life. The doctor bills, therapy, education, transportation, and expenses for their care are staggering. Your child support did not address any of this and you need a judge to make your spouse pay their fair share.
Where do you go for help?
In the state of Texas, there are a few ways to address this issue. It can be complicated, and you can miss some important items if you attempt to do this without a child support lawyer.
● Hire a family law attorney
- This is what they do. They will ask the courts for a modified child support order on your behalf and they will not miss anything that will cost you time.
● Contact the CSRP (child support review process) and ask for a revision.
- While that can be faster, it is more likely that you could miss something.
● Contact the Office Of The Attorney General
- The office of the Attorney General will help you get a case hearing so that the courts will reconsider your situation.
● DIY kits
- There are places online which will provide you with the forms you need to file the case. They will also advise you on how to properly fill out the forms.
You can request a modification to your child support if:
- It has been more than three years since the order was set (and)
- it is $100.00 or 20% different than what you would have been given.
- There has been a material or substantial change in the circumstances since the order was set.
- This is where a change of income, illness of the child, and/or changes in life circumstances make a modification necessary.
For more information, please contact a qualified and experienced child support lawyer.