Trust Our Child Support Modification Lawyers to Help With Your Case
During the divorce proceedings, determining the proper amount for child support payments can involve contentious negotiations between you and your ex-spouse. It can be extremely difficult to land on a payment amount that reflects the desires of both parties, while still meeting the financial needs of the children. Our team at Amsberry Law Firm specializes in helping you with these types of negotiations.
Sometimes, though, circumstances change from where they were immediately after the divorce. Sometimes, these changes occur within a few months; at other times, they occur within a few years. Regardless of how quickly they arise, you may need to undergo child support modification in Texas to change the amount you are paying or receiving for support of the children. This occurs more frequently than you may think, and our child support modification lawyers are ready to begin working immediately on a new agreement regarding child support.
We will treat you and your case with the respect and compassion you deserve. We serve the entire San Antonio area, as well as the surrounding counties.
We Can Help You With Child Support Modification in Texas
When you decide that you have grounds for child support modification, the first step often is to negotiate with the other parent for a change in the amount. For example, if you are making the support payments, and you suddenly have a reduction in your working hours or your employer lays you off, you will be seeking a reduction in payments.
Negotiations typically will involve the child support modification lawyers for both parents, rather than the parents themselves. If we are able to negotiate a new amount for child support payments, we then would bring that agreement to the court. Even if the two parents are able to come to an agreement on the modification of the child support payment on their own, having our team available to help with filing the proper paperwork with the court is a significant benefit in moving the process along more quickly.
Filing a Petition to Modify Child Support
Sometimes, the relationship between the two parents is so poor that we cannot come to a consensus. This, unfortunately, happens more frequently than you may think. The parent receiving the support payments often will not simply agree to start receiving less money. If the reasons that led to the divorce in the first place involved money and arguments over spending it, one parent may not trust that the other is being honest when it comes to discussing a reduction in working hours and a drop in income levels.
In a case like this, rather than continuing to try to negotiate, our team would file a request with the court to allow for a modification of the child support payment that you are making. During this process, we will need to present facts that show why you should have a modification of your child support payment. Your ex-spouse’s representatives will probably present their own facts that attempt to show why the court should deny the reduction in payments. The court then would decide whether to grant the modification.
What Are Reasons to Modify Child Support?
An awarded child support amount should reimburse the parent who is caring for the children the majority of the time (or the custodial parent) for the extra direct expenses they have. When one parent is caring for the children only occasionally (the noncustodial parent), this parent will have fewer direct expenses related to the children. The awarding of child support attempts to give both parents an equal proportion of the expense for caring for the children, based on the amount of income each parent has available.
For legitimate reasons to modify child support, we would have to show reasons that indicate a material and substantial change in circumstances for one of the parents or for the kids, according to the Texas Attorney General. Frequently, this can include an increase or decrease in income for the noncustodial parent or for the custodial parent. Other less common reasons include:
- A change in the cost of medical insurance for the children
- A change in the living arrangements for the children
- An increase in the costs of daycare for the children
- A change in the custody arrangement for the children
- When the noncustodial parent begins caring for the children for fewer days or hours
- When one parent becomes responsible for additional children
- A disability diagnosis for one of the parents.
If you are unsure whether your situation is a material change, our team can help you make that determination.
Common Questions About Child Support Modification in Texas
At Amsberry Law Firm, we understand that people going through a child support situation often have many questions. Once you choose to hire us, trust that we will be available to answer any questions you may have regarding child support modification in Texas. Some of the most common questions we receive include the following.
How do I modify a child support agreement in TX?
According to the Office of the Attorney General of Texas, one of the parents will need to file a Request for Review with the court, which can start the process to modify a child support agreement in TX. You can submit information about why you want to change the amount of the payment for child support. We can present a negotiated change that both parents agree to with the Request for Review, or, if negotiations were unsuccessful, we can use the Request for Review to start the process of having the court decide the outcome. Our team of child support attorneys can help you with all aspects of this process.
How hard is it to modify child support?
Determining whether it will be hard to modify child support will fully depend on the individual circumstances in your case. Some cases are clear-cut and the two parents basically agree on the modifications, which means the modification to child support may be able to go through the CSRP (Child Support Review Process), which simplifies the finalization of the negotiations. At other times, though, such as when the parents do not agree on the modification, it may require a court hearing, which means it will take longer and be more difficult than going through CSRP.
How do I win a child support modification case?
Winning your child support modification case requires filing the correct forms in the correct manner, providing the facts that back up your request for support modification, and then counteracting any arguments your ex-spouse’s representatives make regarding the modification. At Amsberry Law Firm, we will make sure your modification request meets all the legal criteria required, and we can present facts on your behalf to try to receive a favorable outcome.
Can the parent receiving child support payments file for modification?
Yes, either parent can file a Request for Review regarding the court-ordered child support payment. For example, if the noncustodial parent has an increase in income, the custodial parent can request an increase in support payments. Our legal team can help you file the paperwork necessary to force your ex-spouse to be honest about the increase in earnings.
How long does it take to complete a child support modification?
According to the Attorney General’s Office in Texas, modification orders related to child support can take as long as six months. If the parents don’t submit the proper information or if they delay in submitting the information, it can cause a longer modification process. Our team is ready to help you keep your case on track and to make it go as fast as possible. Because this process potentially can take so long, it is important that you start the process of making a modification request as quickly as possible after you believe you may have a problem with your income stream.
We do not back down when facing tough situations related to a petition to modify child support. You can trust us when you are wondering how to win a child support modification case, as we will put all our resources behind you. For a review of your case, call our team at (210) 354-2244 as soon as possible.
Trust Us for Your Needs Regarding Child Support Modification in Texas
Whenever children are part of the divorce process, the negotiations and discussions can be especially challenging. At Amsberry Law Firm, led by our founder, Russell Amsberry, we work tirelessly on behalf of our clients. Attorney Amsberry has a wide range of experience in family law and the legal aspects of divorce, including:
- Child custody
- Child support
- Child visitation
- Divorce
- Spousal support.
He always strives to minimize the financial and emotional toll that divorce and child support cases cause for his clients. Trust him and our entire team to treat your case with the utmost care. We take the time to talk with you and to learn about all aspects of your child support modification in Texas, ensuring we can represent you to the best of our abilities.
Let Us Help You Introduce Successful Grounds for Child Support Modification
Our child support lawyers know just how important this type of case is for you and for the future of your family. Trust that we will make full use of the experience we gained during our nearly three decades in practice in family law to give you the best possible chance for the outcome that you want to see.
Do not feel guilty about needing to request a modification to your child support payments. Financial circumstances change on a regular basis, which is why the State of Texas allows for hearings to determine whether changes in support payments for children are appropriate. Nearly all parents we represent in cases of child support modification in Texas want the best for their children, both financially and emotionally. Sometimes, though, the best thing for the children is your seeking a reduction in your child support payments until you can work through any rough patch you may be experiencing in your employment.
We are ready to help. For a consultation on your case, call Amsberry Law Firm today at (210) 354-2244. We represent clients in San Antonio, in Bexar County, and in the surrounding counties.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
