How To Modify Child Support Through Family Law

By Mattie MacDonald


Child support can be modified at the request of any parent. The court grants your request based on the strength of the argument you make. There are several provisions made in the family law, Katy TX to facilitate such alterations. A thorough evaluation of changed circumstances will force the court to set aside the original order and allow for modification.

The principal factor that can validate modification is change of circumstance. The change must affect your income or the necessity to provide and receive support. This will cause the support amount to be increased or reduced. The circumstances include increase in number of children requiring your support and attention or if the children you were supporting are now living with you.

The income you earn determines how much support you provide. A change could mean that you are earning more or less. This means that the terms as indicated in the agreement will be adjusted to reflect your new salary scale. Laws vary from one state to the other with some demanding a review where the change is 10 to 20 percent up or down.

Voluntary changes in income are not valid grounds to demand modification. The cases that count are loss of employment and the fact that you are now collecting allowances for not being employed. Quitting your job does not count as loss of income. The law allows you to request a review if the supporting party is earning a lot more than when the order was issued.

The law changes slightly from one state to the other with the aim of protecting partners from constant legal proceedings. It sets a cap on the number of times the review can be made within a certain number of years. Lack of sufficient grounds for review causes a case to delay and may eventually be thrown out.

Some orders are easier to modify while others are almost impossible. It is not easy to alter an agreement that was negotiated between the two parties. It is surprisingly easy to modify a post-trial order. The best way is to exploit the provisions made on alterations during negotiations. It is commonly difficult to modify an agreement arrived at during divorce or separation proceedings.

The difficulty in altering negotiated support agreements arises because some states consider them as contracts. This makes them more difficult to modify in comparison to orders given by the court. The matter is complicated when separation or divorce proceedings become part of such agreements. Other issues might be affected by a slight change in a single clause.

Children grow up and their circumstances change. This is a valid ground to request a review of your support fee. The circumstances may demand more or less from you. Proof is required that needs have increased or reduced and therefore your figure should be commensurately adjusted.

Success in modifying child support agreements depends on the skills of your attorney. The facts of your case must be presented in a convincing and articulate manner because they are unique. Experienced lawyers offer incredible advantage because they understand the dynamics of different circumstances.




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