Description: The article is about child support texas login. This is an introduction about some modification on child support motion. The author introduces several circumstances that you may encounter when you are doing Child Support.
Let’s talk about child support motion to modify. There are several reasons why you might need to modify child support. Perhaps the amount is not high enough, maybe the payor is making more money, maybe it’s too high, maybe the payor is your client and he lost his job, maybe it’s being paid to the wrong person because that children have been sent to someone because one of the parents isn’t doing well psychologically or they’re on drugs, we need to modify it down.
We have a checklist of things on our template to remind you or your staff about when you’re doing a child support motion to modify. The first thing is to send a letter to opposing parties. You can ask them without sending formal discovery, they’ll provide you with current income information. If you’re within a year, you may have trouble modifying child support.
If it has been three years and it was court-ordered originally, you’re going to have a good chance to do more. We suggest sending a letter to let them provide you current income information. That’s assuming you know who the lawyer is. If you’re asking for above guidelines and support, that can be tricky. You’ll need to look at the Texas Family Code 154 123, it lists all the factors that the court can consider, the court can consider them if you don’t plead for it.
The other thing that you have to plead for your threshold requirement is to show a change of circumstance. There’s a reminder. That is a change of circumstance only if the prior order was ordered by the court, it does not apply to agreement, you need to be aware of that, that’s a common misunderstanding.
Another tip we have is guidelines, the court will apply guidelines in most cases. There is a slight break if the payor has children that they’re legally responsible for. There’s a slight break if the payor is paying for health insurance for the child. You may need to send discovery. They will not voluntarily provide you with that information. There’s a way to assign someone to prepare discovery.
You’ll need to draft the actual motion. You need to track the language in the statute. If you have to track the change of circumstance language and if you’re relying upon the three years and 20%, you need to track that. If you’re not, you don’t need to include that in your pleading. You can assign someone to draft a proposed order.
It’s always the best practice to have a proposed order, maybe the judge will sign it, it should be very exciting, there will be less to fight over later. You’re defending against a motion to modify. Your client is the payor and they’re asking your client to pay more and you don’t want to pay more.
Maybe it has not been a year, the burden of proof is higher, the change of circumstance is going to be harder to show. If you’re defending a motion for summary judgment on the issue of change of circumstance, we have a good sample motion for summary judgment in smart legal practice for you to look at on this topic on the child support.
This is something that’s worth looking at. The change of circumstance burden is not changing, it has to be a change that relates to the requested relief. For example, maybe there has been a change of circumstance that in this situation the person receiving child support has moved. That is a change of circumstance in a basic understanding or a non legal understanding of a change circumstance.
They’re the one who has changed the circumstances relevant. The statute doesn’t look at what the circumstances are of the person receiving child support, they’re looking at what the circumstances are of the person paying child support. There’s some exception to that.
We are looking at the circumstances surrounding, the child is disabled or the chirl has some serious medical conditions that are expensive, those can be a more common reason to go outside the guidelines. But otherwise they’re mainly looking at the payor circumstances.
Are their job situation changing? Are they making more money or less money? Have they lost a job? That would be most relevant in child support fight. I would consider that and consider filing that motion for summary judgment. Most cases are not on a summary judgment motion.
The burden is so high. It gives you a chance to make your argument twice essentially to the court. You’ve made it at the summary judgment level, the court has seriously considered it, you’re going to make it at the trial level. You’re emphasizing your point which is helpful.
It forces them to show their proof on change of circumstance in advance of trial, it’s a way to get that information solidly from them, it is a way to talk about this twice before the court. That is the template for child support motion to modify.