Thursday, 2 October 2014

How To Renegotiate Child Support Agreement Through Family Law

By Mattie MacDonald


Child support can be modified at the request of any parent. The court grants your request based on the strength of the argument you make. There are several provisions made in the family law, Katy TX to facilitate such alterations. A thorough evaluation of changed circumstances will force the court to set aside the original order and allow for modification.

Modification is possible if there is prove of changed circumstances. The circumstances could have changed to your favor or against you. This will necessitate a reduction on your part or demand that the other party pays more. The changes could be increased demand from other children or the children you support have moved in with you.

The income you earn determines how much support you provide. A change could mean that you are earning more or less. This means that the terms as indicated in the agreement will be adjusted to reflect your new salary scale. Laws vary from one state to the other with some demanding a review where the change is 10 to 20 percent up or down.

The change in income status must not be voluntary. You will not qualify for modification if you voluntarily quit your job. Joblessness is only a consideration in special circumstances which include a situation where you are collecting unemployment allowance. The aim of a review in this case is to bring the figures to a level that reflects your changed status.

The law changes slightly from one state to the other with the aim of protecting partners from constant legal proceedings. It sets a cap on the number of times the review can be made within a certain number of years. Lack of sufficient grounds for review causes a case to delay and may eventually be thrown out.

Not all orders are easy to modify. The terms that were set during negotiations will determine how easy your case will be. Agreements that were developed during negotiations are more difficult compared to post trial orders. Agreements that form part of divorce proceedings are even more difficult to modify. The leeway should be left and clearly marked before the negotiations are completed.

Child support laws vary depending on the state. Some authorities regard the agreements as binding contracts that must be respected as such. This makes court orders easier to modify compared to negotiated agreements. A single clause in an agreement is likely to affect so many other areas. This makes separation and divorce negotiations very complex.

Change in circumstances may also result from the age of children being supported. Such can be cited as ground for review. They are likely to have completed school or gotten into institutions requiring more money. Your legal team should provide proof to have the changes effected.

Success in modifying child support agreements depends on the skills of your attorney. The facts of your case must be presented in a convincing and articulate manner because they are unique. Experienced lawyers offer incredible advantage because they understand the dynamics of different circumstances.




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