Hi Karen49 ~
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below in answer to your question is not to be taken as legal advice.
Texas Statutes - Family
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Basically, you need to:
1. file a petition to modify the child support and request a hearing,
2. obtain a hearing date,
3. notify the other party involved (the parent or guardian who
receives the support payments), and
4. prepare an order for the judge to sign if the modification is
granted.
Before you do that, you might want to check how much the reduction
would be by using Divorce Law Info's "TEXAS CHILD SUPPORT CALCULATOR",
which can be found here:
- http://www.divorcelawinfo.com/states/texas/cal/TXCSC.html
If there is not a substantial change in the amount of child support
due ($100 or 20% of the amount currently being paid), you may be
precluded from filing for modification. That information can be found
in the statutes, which are listed below.
The Texas Statutes concerning family law are online here, and they
contain information you may need in your decision to file for a
modification in court-ordered child support:
- http://www.capitol.state.tx.us/statutes/fa/fa0015600toc.html
Here is an article about modifying child support in Texas from the
NOLO site, and reproduced by Divorce Law Info, which can be found
here:
- http://www.divorcelawinfo.com/Pages/modification5.html
Forms
======
There are some forms available for-pay from Divorce Law Texas, here:
- http://www.divorcelawtexas.com/
but you might check with the Clerk of the Court for the forms they
require to file for a modification of child support. Some counties,
such as Harrison County, require slightly different forms and filing
procedures than others.
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The most expedient way to achieve a modification is to have the other
party agree to a change due to the change of circumstances, both
parties sign an agreement to that effect and present it to the judge
to sign, modifying the amount to be paid.
Although that is the easiest way, it rarely occurs, and the payor
usually has to petition for a modification.
===============
If it appears that a modification is in order, you may find it easier
in the long run to have an attorney assist, rather than to attempt to
draft the documents yourself, to ensure everything is in order and
that it is done correctly.
Search Terms:
- Texas statutes family law
- Texas child support
- Texas law + child support modification
- Texas child support guidelines
Good luck in your endeavors,
Serenata
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