How can your child support court order be adjusted? The Texas Family Code states two grounds for modification: a material and substantial change in circumstances of either parent or the children since the date of the last order; or it has been 3 years since the last order and the new amount will differ by at least 20% or $100 monthly in accordance with the state guidelines. This standard applies for increases or decreases in payment amounts.
Besides paystubs, what can be used to justify a modification? For an increase, look at how the needs of the children have changed. For example, 13 year olds eat a lot more than 9 year olds; they wear adult size clothing and their activities cost more. Go behind the paystub to see whether the parent contributes more than the required minimum to retirement programs. Check the withholding the Family Code does not calculate payments based on what a person chooses to claim on their W-4 form but on what a single person claiming one exemption and standard deduction would have withheld for federal income taxes.
Self employed individuals present unique challenges for increases or decreases. For those seeking a reduction, be prepared to hire a skilled San Antonio Attorney to show that the tax return is an actual reflection of what is earned and not just creative accounting. Bank statements illustrate the expenses of a business much better than the year end summary.
Federal law requires the AG to advise both parties to a court order of the right to an adjustment every three years. However, waiting for the AG office to schedule a review conference can take over six months.
Whether you need an increase or decrease, contact us today to aggressively move your case forward and get your modification in place soon.
This article is published by on 2016-01-13 Find us on Google+