It can often be challenging to understand the intricacies of child support laws. Both the payer and recipient need to understand how frequently child support should be reviewed, and what constitutes a significant change of circumstances.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses the impact of marriage on child support obligations in Texas.
All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Child Support Review Process In Texas
The law typically mandates a review of child support every three years or in the event of a significant change in circumstances. This significant change is defined as a $100 difference, either more or less, from the previously ordered payment when recalculating child support based on your current income.
Notably, a decrease in child support is possible if your income has diminished, unless it’s due to a voluntary reduction in work hours or accepting a lower-paying job.
The review process varies depending on whether the case is handled by the Office of the Attorney General or a private attorney. The Office of the Attorney General conducts reviews every three years through an administrative process.
However, if an individual believes there’s been a significant change of circumstances, they can opt to hire a private attorney. The attorney can then proceed with the modification and determine its validity.
With the Office of the Attorney General, the timeline ranges from 90 days to two years, depending on their processing speed and the county of jurisdiction. Hiring a private attorney while incurring fees results in quicker action. Typically, we can secure a court date within 14 days.
For the best outcome for your case, seek the advice of a trusted family law firm such as Turner Monahan, PLLC.
The Perspective Of The Texas Family Code
According to the Texas Family Code, specifically Title 5, Chapter 156, which addresses child support, there are guidelines for the modification of child support orders. Section 156.401 states that the court may modify an order if it’s been three years since the last order and the monthly amount of the child support order differs by either 20 percent or $100 from the amount that would be awarded according to the child support guidelines. This aligns with the notion of a ‘substantial change of circumstances’.
Moreover, the process and timeline of the review can be influenced by whether the case is handled by the Office of the Attorney General or a private attorney.
Section 154.125 provides a guideline for determining the amount of child support according to the net resources of the person obligated to support the child, which includes income from all sources, not just employment.
Section 154.130 requires a child support order to include specific reasons if the amount of support varies from the amount computed by applying the percentage guidelines.
These sections of the Texas Family Code underscore the state’s commitment to ensuring that child support payments are fair, equitable, and in the child’s best interest while also providing the mechanisms for modification when circumstances change significantly.
Divorce proceedings can be incredibly stressful, particularly when dividing marital assets and determining alimony. Moreover, the complexities of establishing spousal support can make an already challenging situation even more daunting.
Click here to discover if there is a more streamlined method to determine alimony and effectively navigate your divorce.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Understanding child support laws and their implications is essential for individuals involved in such situations. Whether it’s the periodic review, significant changes in circumstances, or the role of different legal entities, each aspect is crucial in ensuring a fair and just child support agreement. Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case.
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FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Getting An Order Enforced For Child Custody, Marital Or Children Support, And Others
- How Do You Get Medical Information From The Other Parent Who Is Keeping It From You?
- What Is The Law About Holiday Possessions Schedules?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
