San Antonio Child Support Modification Lawyer
Do You Need To Modify Your Support Order?
There are multiple types of family law cases where child support may be ordered. This is a common concern in divorce cases where married couples have children together, but unmarried parents may also need to address child support issues to ensure that both parents are contributing toward their children's ongoing needs. It is important to remember that child support orders are not necessarily permanent. They are based on factors that may change, such as the income earned by parents. Texas law allows a parent to petition the court to modify child support as either a payor/obligor or a payee/obligee. If you can no longer afford child support payments, or if you believe you are entitled to receive additional support, you will need to understand the procedures you will need to follow to request a modification.
At Brandon Wong & Associates in San Antonio, Texas, we have extensive experience with child support cases of all kinds, including those that involve petitioning a court for modification of current orders. Child support may go up or down depending on the circumstances of a case. If you are looking to reduce the support you pay, this does not mean you are a deadbeat or lazy, but you may need to address changes in your circumstances that have affected your ability to pay. Likewise, if you are looking to increase the child support you receive, this does not mean that you are greedy, but you may need help addressing your children's needs. Our lawyers can advise you on how to proceed in these situations, and we will work to protect your children's best interests.
When Can Child Support Be Modified?
In most cases, a request to modify child support payments must be based on changes to the circumstances of the payor, the payee, or their children. However, a modification may also be made if it has been at least three years since a child support order was established or modified, and the amount of child support payments as calculated currently would be 20 percent higher or lower than what is currently paid or if the amounts would differ by $100 or more.
Since modifications are usually requested because of changes in circumstances, it is important to understand what types of changes may apply in these situations. Significant changes warranting a child support modification may include:
- The loss of a job or a decrease in income for the payor. If a person who pays support is laid off, or if they experience other issues that affect their income, such as a disability, they may ask for their payments to be reduced. In some cases, a court may allow for a temporary reduction until the payor finds employment or recovers from an illness or injury, but permanent reductions may be appropriate in certain situations.
- Increased expenses for the children being supported. Parents may be required to divide certain child-related costs, including medical or educational expenses. If these expenses increase, the payee may ask for additional support to ensure that children's needs will be met.
- Changes in child custody have occurred. Child support is usually paid by the non-custodial parent to the custodial parent. If a family's circumstances have changed, and a child custody modification has led to children living primarily with a different parent than they had previously, child support obligations may need to be recalculated.
Contact Our San Antonio Child Support Modification Lawyers
If your situation has changed in a way that may affect the child support you pay or receive, it is important to get advice from an attorney. Brandon Wong & Associates can assist you with modification requests, and we can also help address issues related to the enforcement of child support obligations. Whether you are a custodial parent or a noncustodial parent, we are here to assist you with your case. Contact us at 210-201-3832 to learn more.