Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.

Change in circumstances may justify child support modification

In Texas, the law permits modifications to child support obligations where circumstances have changed or the support guidelines would indicate overpayment, according to the official website of The Attorney General of Texas, Ken Paxton. Modification may be justified where the change in circumstances is “material and substantial” or where the amount provided under the general child support guidelines, as provided by law, differs from the amount a parent is presently required to pay under an earlier court order. Since modifications to child support are based on a parent’s current income, the total amount that must be paid can either go up or down.

There are two avenues by which a parent can seek to have a child support obligation modified; however, no matter the option selected, only a new court order may change the amount of child support that must be paid.

If parents are amenable to negotiating a child support modification without a court hearing, they can commence the child support review process through a local office of the Attorney General. If the circumstances necessitating a change in the support obligation are not agreed upon or modification of a support order is a matter of contention by the parents, a party will need to petition the court for modification. Unless the parties are familiar with the particularities of a Texas family law hearing, they will likely seek legal counsel so that their interests are represented in a competent, efficient manner.

Failure to pay child support is a serious matter in Texas and, according to the Texas Department of Public Safety, a delinquent child support obligor may be prohibited from renewing an expired driver’s license or subject to revocation of a driver’s license. If a person is unable to pay monthly child support payments due to a change in circumstance, including a reduction of income, then seeking a modification would be a better alternative than becoming delinquent on support payments.

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

Toll Free: 888-447-9456
Phone: 210-807-8158
Fax: 210-227-5353
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