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Your Rights with a Child Support Modification Case

 Posted on January 25, 2024 in Child Support

Collin County family lawyerWhen a child support order is in place, either parent has the right to request a modification if their circumstances change substantially. As a parent, it is crucial to understand your legal rights in a child support modification proceeding. This ensures you can advocate effectively for a fair support order that meets your child's needs. A Texas family law attorney can help ensure you are on the right path to the best possible outcome.

What Triggers the Right to Seek Modification

Under Texas law, modification becomes an option if certain things change for either the obligor (paying) or obligee (receiving) parent. Triggers include:

  • Loss of Job or Significant Income Reduction
  • Disability or Long-Term Illness
  • Retirement
  • A Child Reaching the Age of 18

Changes in Custody Arrangements

The change in circumstances must be substantial and sustained. For example, switching from a full-time to a part-time job may qualify if it dramatically reduces income. The goal is to adjust support to fit the new financial reality.

Procedure for Requesting Review and Modification

Either parent can file a petition with the court that issued the existing child support order. This requests a review and adjustment of the amount owed. Proceedings then move forward similarly to the original child support case.

The court will use current income data and other factors to set a new support order. This replaces any existing child support requirements. Courts recognize adjustments must align legally with household incomes and children's needs.

Right to Representation

Mothers and fathers involved in modification cases have full rights to legal representation. Having an attorney helps navigate proceedings and applicable statutes of limitations. Your lawyer also identifies the most advantageous legal strategies for your situation.

Burden of Proof Falls on the Parent Seeking Modification

It is crucial to comprehend that the responsibility of proving lies with the parent filing for modification. You must sufficiently demonstrate why the change in circumstances justifies an altered child support amount. That entails submitting evidence like financial records, employment verification, medical documentation, etc.

An attorney makes sure you gather and present adequate documentation. That provides the facts and data necessary to compel the court to modify support. It is not enough to claim you lost a job or got injured. Credible evidence must back up assertions.

Right to a Fair and Lawful Outcome

Texas family law code includes child support guidelines judges use to determine appropriate amounts. When correctly followed, they produce fair results aligned with parental incomes and children's reasonable needs. You can request the court to observe all applicable statutes and precedents precisely.

Contact a Collin County, TX Family Law Attorney

The more you understand the modification process, the better prepared you can be. A Frisco, TX family lawyer can help you along the way. Call Pfister Family Law at 972-954-6455 to get started.

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