Is it easy for child support agreements to be changed?
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Is it easy for child support agreements to be changed?
I am concerned my ex may try and take away child support. I am the custodial parent and have the kids at least 51 % of the time. He does have special allowances in our decree such as Tuesday dinners on the weeks he does not have them over the weekend and 2 floating days a month should he choose to use them.
Asked on October 7, 2015 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The reason for the change will determine how easy it is to change the child support obligation.
If the modification is agreed, then it's just a matter of filing a motion to modify and entering an agreed order.
If the modification is because the paying parent is now making more money, then either party or the Texas Attorney General can file a petition to modify, have the other sides served, and hold a hearing in a month or so. This process can take a few months to conclude depending on how quickly everyone is served and the availability of the court's docket.
If the modifciation is because there is a shift in custody and it is not agreed to-- then it can take several months to a year for any custody issues to be resolved. If you a looking to keep from having to pay your ex- child support, then make sure that you maintain at least 51+% of the possession time... otherwise you do run the risk of custody being flipped on you at a temporary order hearing.
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