I usually receive a telephone call about once a week from someone who has lost their job and asking how they can reduce the amount of child support that they are paying under an existing Dallas, Denton, or Collin County child support court order. Maybe the order is from their Dallas Divorce, the paternity action they had in Denton County, or the Suit Affecting the Parent-Child Relationship in Collin County. A Texas court can modify an order that provides for the support of a child, including for the health care coverage under the Texas Family Code if:
(1) The circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of: the date of the order’s rendition; or
The date of the signing of a mediated or collaborative law settlement agreement on which the order is based.
This could be the situation where you lose your job. However, it could also be a situation where he child for health reasons may need additional support.
The next reason could be that:
(2) It has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20% or $100 from the amount that would have been ordered in accordance with the child support guidelines.
This may be the situation where a person has received an increase in salary.
Here is an important point that I explain to people who call me about a modification. A support order may be modified with regard to the amount of support ordered only as to the obligations accruing after the earlier of: the date of citation (service of notice of the lawsuit); or an appearance in the suit to modify. The point: The longer you wait to file the more money you will pay.
If you find yourself in the position where you may lose your job or where your former spouse is making more money give us a call to discuss whether you are receiving or paying the right child support amount. You may reach The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com. We have offices in Dallas, Denton, Lewisville, Texas.
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