When a couple decides to part ways in Texas, the court orders a certain amount of child support to be paid by the non-custodial parent to finance the needs of the child. As the child grows, there might be a need to revise the child support to match up to the scaling costs. Requesting and approving a change in the child support is a legal process for which couples require the assistance of attorneys specializing in family law. Instead of getting caught in a whirl of legalities, seeking the assistance of a family law attorney can guide the right way to approach the requirements of a revised child support. The blog post discusses a few FAQs that divorced couples always have regarding child support modifications. Let’s have a look, starting with the process.
1. The Process to Make a Child Support Modification Modification of child support is possible either through means of court hearing or the Child Support Review Process (CSRP). Typically, a CSRP processing works faster than a court hearing if both the spouses reach a mutual decision on the child support. The spouse who requests for a modification needs to furnish a valid reason along with tangible proofs to support their argument for a child support modification. Ideally, income changes are the primary factors for a revision in child support. In addition to income changes, some of the other factors that lead to child support modification:
The above-mentioned factors are just a tip of the iceberg as there are plenty of other factors responsible for a revision in child support. Typically, the revision follows with an increase in income of the paying parent, or there is a spike in the needs of a child due to increasing expenses or a debilitating physical or mental disorder. On the contrary, if the paying parent loses employment, the court may reduce the amount of child support. 3. The Criteria for Revision in Cases of Part-Time or No Employment Non-custodial parents who either lose their job or are paid less due to some reasons may request a revision in child support. A family law attorney can assist in calculating the revised amount of child support and submit the same to the court. The non-custodial parent cannot discontinue the payment of child support until the request is processed in the Texas court. 4. The Correlation Between Unemployment Benefits and Child Support Even if the non-custodial parent gets sacked or loses employment, child support is payable from the unemployment benefits through a mechanism called wage withholding. The Texas Workforce may withhold up to 50 percent of the amounts received as unemployment benefits to match up with the monthly child support obligations. 5. The Possibility of a Temporary Child Support Order in cases of Unemployment Though it’s uncommon for a court to issue a temporary child support order, a family law attorney may assist in arranging them until the non-custodial parent seeks employment opportunities. If a temporary order is issued, there will be a hearing post six months from the issuance of an order or when the paying parent gets employment; whichever is earlier. The final revisions will be made after the court issues a new order. However, if the parent fails to pay the revised amount of child support listed in the temporary order, the court takes an enforcement action. The Way Forward The emotional gaps among the divorced couples may hinder the process of child support modifications. While one parent requests for a modification, the other parent may be unwilling for an upward revision. Moreover, the legal route has its timelines to process and accept the requests which are unknown to most divorced couples. A family law attorney is a person who can help couples navigate the sensitive issues of child custody as well as the matters of child support. Family law attorneys possess an extensive experience in handling child custody matters and may prove helpful in successfully disposing of the matters of child custody and support.
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March 2017
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