Child Support Modification Lawyer in Houston

Helping Parents and Guardians Get the Financial Support They Need

In certain situations, a court order for child support may be subject to modification if one or both parents have undergone a major life event, such as being terminated from their jobs. These cases often require proof of a “material and substantial change in circumstances” in order to successfully modify child support payments, which can be difficult to accomplish.

Parents who are unable to make current payments should pursue modifications as soon as possible since failure to provide funds for support payments can lead to possible criminal penalties. To learn more about your legal options as a noncustodial or custodial parent, we urge you to speak to Horak Law. Our experienced legal team can address all your concerns and determine the best strategies to pursue your best interests regarding child support.

Successfully obtaining a modification for a child support order is by no means an easy task. If you or someone you know is interested in pursuing a child support modification or wish to contest one, consult Horak Law. Family law attorney Matthew Horak and his accompanying legal team can assist you throughout every phase of the process. We can lay out the groundwork for you; that way, you can rest assured no stone is uncovered when it comes to protecting your interests.

Call our offices at (713) 225-8000 to set up your first consultation free of charge. Horak Law is located in Houston and The Woodlands but accepts clients throughout the State of Texas, including Harris County, Montgomery County, Waller County, Brazoria County, and Galveston County.

What Are Texas Laws for Child Support Modification?

The State of Texas permits either party, whether the custodial or noncustodial parent, affected by a child support order to petition the court for modifications if they meet the criteria highlighted under Texas law. According to Texas Family Code Section 156.401, a child support order can be modified if the petitioner meets one of the following requirements.

• The circumstances of the child or the person affected by the order have substantially and/or materially changed.
• Three years have passed since the order was rendered or last modified, and the monthly awarded amount differs by either 20 percent or $100 from the amount that would normally be granted in accordance with Texas’s child support laws.

In addition to the above, the court will grant a modification to a child support order if the noncustodial parent has been released from jail or prison. The order may be modified if it was initially determined based on the noncustodial parent’s incarceration. In some cases, the government may provide assistance with a child support case. These are often referred to as IV-D child support, and with this type of order, a modification may be granted at any point without any necessary proof of evidence.

What Are Some Common Reasons for a Child Support Modification?

The guidelines for child support modifications under the Texas Family Code are arguably vague. Many factors can “materially and substantially change” a person’s circumstances, so how does the court discern when modification is appropriate or not? The answer is that the outcome of a modification hearing will depend on the grounds the petition is filed under, the dynamic between parents, the petitioner’s past with the child, and other factors.

Listed below are several reasons why the court may grant a modification to a child support order.

• The child has discovered additional healthcare needs
• The noncustodial parent was released from incarceration
• The amount for monthly payments does not meet the child’s best interests
• The noncustodial parent has had a change in income
• The noncustodial parent lost their job
• The noncustodial parent has just had another child
• The noncustodial parent sustains an injury that affects their ability to work
• The noncustodial parent remarries the custodial parent
• The child’s custody order was modified, and the noncustodial parent now has full physical custody

If you aren’t sure whether you qualify for modification to your child support payments, please reach out to our legal team immediately. A Houston child support modification lawyer like those at Horak Law can help determine your legal options and will represent you effectively and aggressively.

How Long Does a Child Support Modification Take in Texas?

In most cases, modification to a child support order will take at least six months to finalize. The parent requesting modification must submit a Review for Modification to the county clerk. From there, the court will contact both parties within 30 days. A child support review specialist will conduct a comprehensive review to ensure the petition for modification meets the criteria listed under the Family Code.

If the review is approved, the parent will schedule a Child Support Review process appointment. The purpose of the appointment is to rewrite a new order, and the process will be much smoother if both parents attend. From there, they will work with both parties to write a new court order for the judge to sign. If one of the parties disagrees with the negotiating agreement, then the next step is to schedule a court date.

In court, both parties appear and present their cases for or against modification. After hearing the evidence, the judge will then make a decision on the modification. Overall, the length of this process can depend on how open the parties are to negotiations. These cases often lead to a finalized modification in just a month or so. If compromise isn’t possible, then a child support modification order may take months.

What Are Some Additional Resources to Help Me with My Child Support Case?

Reaching out to a child support lawyer is one of the best ways to get your questions answered and ensure your ex-spouse stays up to date with child support payments. However, if you are not getting paid or if you need modifications to how you pay child support, you can also reach out to the following organizations for assistance:

• Office of Child Support Enforcement — Visit the official website for the Office of Child Support Enforcement (OCSE), which is under the Administration for Children and Families. Learn more about the OCSE, which works with local and state agencies to help parents through the child support process, including enforcement.
• Support Modification Process — Visit the official website of the Attorney General of Texas to learn more about the different resources for domestic issues in Texas, including child support. They provide a detailed page dedicated to the modification process, including what forms are required, how long it may take, and other important information.

Please remember that you can get accurate information about your unique case by calling a Houston child support modification lawyer like those at our law firm. We will stand by you throughout the process, including fighting for lower child support or getting your spouse to pay child support.

Do I Need a Child Support Lawyer for a Houston Child Support Matter?

If your spouse is refusing to pay child support or if you need a different child support payment, you need help from a Houston child support lawyer immediately. Your financial situation may only get worse if you do not fight for your rights, including using legal methods such as enforcement actions.

According to Texas child support guidelines, you cannot simply modify the child support arrangement without court approval. A child support attorney can be your most valuable ally as you seek to change your child support orders or enforce the child support agreement. A Texas child support lawyer will be familiar with the laws governing your case and can help modify child support obligations and child custody as needed.

What Are Common Problems that Arise Regarding Child Support Obligations?

Some issues that typically arise that affect child support payment include:

• Job loss preventing noncustodial parents from making payments
• Domestic violence that makes the custodial parent afraid to stand up for their legal rights
• Pressure from other relatives to seek sole custody
• Material and substantial changes that require a higher child support payment
• Problems with the parent-child relationship that necessitate child custody modification

Whether you are a custodial parent or noncustodial parent, you have rights that must be enforced. These include the right to modify child support when significant changes happen in your life. If you are facing any of these or another child support issue, please get in touch with our team of child support attorneys immediately. We can help with child support calculation, child support modification, and other issues that affect the well-being of the children.

Should You Hire Our Child Support Modification Attorney, Houston, TX?

If you are a parent or conservator affected by a child support order seeking modification or wishing to contest a modification, call Horak Law. We understand how stressful legal proceedings involving your own child can be. Our team can provide effective and efficient legal counsel to protect your child’s best interests. With over ten years of experience, you can trust Matthew Horak to have the skills, resources, and knowledge needed for your case.

Call Horak Law at (713) 225-8000 to schedule your first consultation with Matthew Horak and his team. Horak Law has two offices in The Woodlands and Houston, Texas, serving Southeast Texas residents.