Divorce And Family Law Attorney

My ex-husband and I divorced in 2011. Since then, he’s been paying child support. Six months ago, he was promoted and received a large salary increase. Can I force him to pay more in child support now?

The simple answer is yes.

However, according to the office of the Attorney General for the state of Texas, Ken Paxton, the amount of child support your ex-husband was ordered to pay can only be changed if you obtain a new court order.  Informal agreements between custodial and noncustodial parents do not change the court-ordered child support amount.

Child support orders can be modified through a court hearing or through the Child Support Review Process (CSRP).  The CSRP is typically faster than scheduling a court hearing and it works best only when both parents can agree on the order, which is rarely.  Legal counsel offered by a Houston child custody law firm such as LaFour Law could best help you make this determination.

If you would like to have your order modified through CSRP, apply online to the Office of the Texas Attorney General, or contact the regional child support office for the county where you live.  If you do not want to apply online, you may complete a request to have a paper copy of the application form mailed to you.  This application establishes the Texas Attorney General’s authority over your case.  You will have to provide certain information, including previous child support orders, your contact information and your Social Security number.

It is important to note that the court cannot change support obligations retroactively to a past date.  It can only change future support obligations.  If you need a change, you must file your petition immediately and make sure it is served on the other person.  Even though it has been six months or more since your husband’s income increased, you will not be entitled to retroactive payments based on that increased income.  Thus, it is important that you seek out a Houston child custody lawyer today.

The process to modify a current court order affecting child support begins with a petition to the court asking for modification.  You will probably need the assistance of a lawyer to file a proper petition.  There are several requirements that must be met by the petition and you will need to make sure the petition is properly served to your husband.

After the petition is filed and served, the court can enter temporary orders if properly requested.  If your husband agrees to the modification, the process can be completed rather quickly.  However, if he wants to contest the modification, then the court will have to schedule the case for trial.  Contact one of our Houston child custody attorneys at LaFour Law today and obtain the legal counsel you need to ensure that you and your children are represented to the best degree possible.