Over time, your ability to provide financial support to your children might change. This may be due to a serious illness, change in employment, or even being deployed in the military. There are options available to help you modify your support obligations if necessary. There are also options available to a parent who feels like the other parent is not providing adequate support to a child. Above all, parents should remember that child support is not supposed to be a punishment or a form of revenge. Child support is a very real obligation that is designed to provide for the needs of the child, and child support orders should only be modified where absolutely necessary.
The attorneys at Pat White are dedicated to helping you and your family find the solution that works best for everyone. We understand that situations may have changed from the initial child support decision, and we will work to promote the best interests of you and your child in the modification of your child support order. If you have questions regarding modification of child support order in the greater Fort Worth area, including or surrounding areas including Benbrook, Lake Worth, Eagle Mountain, Saginaw, Blue Mound, Weatherford, Azle, Granbury, Aledo or White Settlement, contact our Fort Worth Family Law attorneys to schedule a consultation and discuss the details of your case.
In Texas, parents have the legal obligation to support their children until the child reaches the age of 18, or until the child stops going to high school. If your child was disabled before his or her 18th birthday, that duty will extend into adulthood. This duty to support does not apply to children who are self-supporting, living away from home (if over the age of 16) or married. If the parent who pays child support dies, the obligation to pay does not die with him, but will accelerate and be due immediately from his or her estate.
You may not stop paying your child support simply because you believe the amount is too much, or because you have been denied visitation with your child. In both cases, there are legal remedies available to you, and you should talk to a lawyer.
Likewise, filing for bankruptcy will not relieve you of your duty to pay child support. Even if your debts are discharged, you must continue to pay child support.
The amount of child support you will pay is determined by the court under statutory guidelines. The court is required to look at 5 factors when deciding how much child support is appropriate:
The statutory guidelines are somewhat complicated. The amount of child support recommended by the statute is a fixed percentage of the parent’s “net resources”, taking into account the number of children involved. For example, a parent will pay 20% of his net resources in child support if he has one child, but he will pay 40% if he has five. The law presumes that the statutory guidelines are reasonable and in the child’s best interest.
A parent’s “net resources” include all of their income, minus some deductions for things like FICA, income tax and health insurance costs for the children. Net resources are capped at $7500 a month. Even if you make more than that amount, the court will not order additional support unless the child has special needs.
Your attorney can review your child support obligations and finances with you to determine whether the statutory guidelines were applied correctly in your case.
There are two circumstances where the support order might be modified. First, if the circumstances of either parent or the child have changed, the court may modify the order.
Some examples of changes of circumstance which might warrant a modification include:
Second, the court may modify the order if it is not in line with the statutory guidelines. However, the order will only be modified if three years have elapsed since the order was entered, and the amount of support differs from the guidelines by either 20% or $100.
Either parent may file a Motion to Modify the Support Order with the court. Whether you believe you can no longer make your current child support payments, or you believe the other parent should be paying more, our attorneys can work with you to determine whether a modification is appropriate in your case.
The Fort Worth modification attorneys at Pat White are committed to excellence in family law representation. We will help you find solutions that are right for your family. If you are in Fort Worth and Tarrant County including Fort Worth, Benbrook, Lake Worth, Eagle Mountain, Saginaw, Blue Mound, Weatherford, Azle, Granbury, Aledo, and Surrounding Areas, contact us today to speak directly with one of our attorneys about your case.
