In Texas, How Do I Get My Child Support Reduced?
Child support may have been set at a time when the non-custodial parent was either make more money or gainfully employed. Now recent changes in employment may cause the non-custodial parent to fall behind in his or her child support obligations.
What if I can’t pay my current child support in Texas?
A parent that is not able to pay their child support often just end up with back child support (arrearages). With every missed or partial payment of the child support obligation, they find themselves falling further and further behind.
If you had a substantial change in your gross income due to a job change your loss of employment, you may seek to have your child support modified. Seeking a modification can help to get your child support set based on your current income and not on what you were previously making. This can help avoid accumulating back child support based on an income you no longer have.
Job loss does not reduce the non-custodial parent's obligation to pay child support. However, if the non-custodial parent is unable to get a job or receive similar pay, the parent can seek to have their child support reduced. Reduction of child support takes a modification of the existing court order. Just letting the other parent or the Attorney General's Office know is not enough.
Even though you are not currently employed, it is not common for child support to be set at zero only because of unemployment. What seems to be more common is for a judge to consider that most adults can be employed full-time at minimum wage. Thus set the amount of child support based on this calculation.
What if I am in arrears?
If you are in arrears (owe back child support) you are at risk of an enforcement action. It is important to note that adjustments to the child support obligation are not typically retro-active. If you lost your job a year ago but are just now seeking a modification the amount that has already accrued for child support would still be owed. The modification would only change future obligations. Therefore it is important to act promptly to avoid unnecessary arrearages.
Who can help me?
If you need help or need more information about child support in Texas contact America Family Law Center. They assist many fathers with child support issues.
can be contacted by
phone or text at 713-239-5200
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