In Texas, a Child Support Review is a process in which parents, through the help of the Office of the Attorney General of Texas (OAG), establish, modify, or enforce child support. Typically, this starts with a meeting with the Attorney General of Texas’s representative outside of court. It can either be an Assistant Attorney General or a Child Support Office.
The OAG representative will request documents, such as tax returns and paystubs, to determine the income of the noncustodial parent and calculate child support. The OAG will then prepare the Child Support Order and schedule a court date for the parties to appear and for the Judge to sign the proposed order.
Q: What is a modification?
A modification is the process where one or both parents seek to change or modify a prior Texas Order involving their children, such as conservatorship, possession and access, and child support.
Under the Child Support Review Process, either parent may request a review of the current child support if (1) it has been three years since the prior order; and (2) the prior child support order differs by either 20% or $100.00 of the child support guidelines that would be awarded. Child support may also be modified if there has been a material and substantial change in circumstances.
Q: What is a material and substantial change in circumstances?
A material and substantial change in circumstances is a fact-driven analysis where the lives of the parties or children have changed, and that change warrants modifying the prior order. The most common situations where child support may be modified due to a material and substantial change in circumstances are:
- The noncustodial parent’s income has increased or decreased;
- The noncustodial parent has another child;
- There has been a change to the children’s medical or dental insurance; or
- The children are primarily living with the noncustodial parent.
Q: What is an enforcement of child support?
An enforcement of child support is the legal process to enforce a prior order. Say, the noncustodial parent is ordered to pay child support but is either behind on payment or is not paying at all. The enforcement process is the legal avenue to put the noncustodial parent on tract to become current on their child support or bring criminal penalties for their violations such as a fine or jail time.
Q: What if the parents agree to the amount of child support?
Unless the child is covered for medical insurance under Medicaid, the Attorney General of Texas and Texas courts should honor the parties’ agreement. Medicaid must be reimbursed to the State of Texas so typically, the noncustodial parent pays for this as cash medical support. The parties may also attend mediation and enter into a mediated settlement agreement if the agreed upon child support is not per the guidelines under the Texas Family Code.
Q: Do I need an attorney for the Child Support Review Process?
It is recommended. Child Support is typically a calculation governed under the Texas Family Code. However, there are circumstances where the child support guidelines are not appropriate. Additionally, you want to make sure all the non-custodian parent’s income is accounted for.
he attorneys at Hunt Law Firm, PLLC are here to help. If you would like more information or to speak with an attorney, you can always give us a call at 832-781-0320 or reach out through our contact form on our website.