Child support is a critical aspect of family law, impacting both parents and children. Ensuring that these agreements are fair and effective is paramount, and the possibility of reviewing or modifying these agreements is a complex matter.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses the circumstances under which child support agreements can be reviewed and adjusted. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in light of Texas Family Law. This content is for educational purposes only.
When and How Can You Seek Modification?
If there’s an open child support case or someone has applied for services with the Office of the Attorney General, the case can still be reviewed, although under slightly different criteria. You can also privately seek a review if you believe there’s been a substantial change in circumstances.
Often, parents agree to a lower child support payment because one party has committed to provide or pay for daycare directly, or they’ve agreed to spend more time with the child, like a 50-50 split. However, sometimes, a year after the order, the initial agreement’s appeal wears off, and the parent doesn’t follow through on their promises.
In such cases, it’s appropriate to move forward with a modification, enabling the court to review the child support agreement, potentially returning it to what was originally intended since the other parent failed to fulfill their promise.
For the best outcome for your case, seek the advice of a trusted family law firm such as Turner Monahan, PLLC.
Applying Texas Family Code in Inter-State Divorce Cases
The Texas Family Code offers a robust legal framework for reviewing, modifying, and enforcing child support agreements. It covers periodic reviews, changes in circumstances, adherence to agreed terms, and returning to original guidelines. These statutes enable courts to act in the child’s best interest, taking into consideration the multifaceted nature of family situations.
Review Every Three Years: According to Section 156.401 of the Texas Family Code, child support modification can occur if three years have passed since the order was rendered or last modified, and the amount differs by either 20 percent or $100 from the child support guidelines.
Review Under Different Criteria: If an open child support case exists or someone has applied for services with the Office of the Attorney General, Sections 231.001 and 231.0011(a) of the Texas Family Code grant the Attorney General the power to provide child support services. This permits a review under different criteria.
Substantial Change in Circumstances: Section 156.401(a)(1) explicitly states that the court may modify an order if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order’s rendition. Additionally, Subsections (c-1) and (d) address changes due to incarceration and release of a child support obligor.
Agreements for Lower Child Support Payments: Agreements to pay for daycare or increased visitation, like a 50-50 split, must be in line with Section 154.123 of the Texas Family Code. This section considers the best interest of the child and accounts for factors like the child’s age and needs, parental contribution ability, financial resources available, and more.
Failure to Comply with the Agreed Arrangement: If a parent doesn’t follow through on agreed child support terms, Section 156.404 stipulates that the court may not add or subtract the net resources of a new spouse in calculating child support. Additionally, Section 156.005 allows a party affected by noncompliance to file a suit for modification and imposes penalties for frivolous filings.
Modification to Return to Original Intended Support: Should the original agreement not be honored, a modification may be pursued under Section 156.401(b) to return to the initial guideline amount. The court will consider all relevant facts and circumstances to reach a determination.
Navigating the legal framework of the Texas Family Code requires meticulous understanding and precision. The importance of hiring an experienced attorney cannot be overstated, as their expertise will ensure that your rights and interests are protected within this complex legal landscape. Engaging the services of a seasoned legal professional is not merely a wise choice; it’s a crucial step in securing the best possible outcome for your child support case.
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Hire An Experienced Fort Worth, Texas, Divorce Attorney
Child support agreements are an essential component of ensuring the well-being of children within the legal system. The possibility of reviewing and modifying these agreements reflects the dynamic and ever-changing nature of family life. However, the complexity of laws and statutes, such as those found in the Texas Family Code, emphasizes the necessity of legal guidance.
Engaging an attorney who specializes in family law is crucial to navigating these complex processes, ensuring that the child’s best interests are met and that both parties comply with the legal obligations and rights inherent in these agreements. An attorney’s expertise can make a profound difference in the outcome, promoting fairness, compliance, and the welfare of the child. Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
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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.
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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.
