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What happens if I am no longer able to pay child support?

Posted on in Divorce

The end of a marriage can bring with it significant financial changes for both parties. For you, these changes can become struggles, and, over time, may develop into genuine financial hardship. If you are struggling to meet your child support obligation each month, you are not alone. Many parents have found themselves in this same situation, but, fortunately, you have options.

Depending on the circumstances of your situation, it may be possible to secure a modification to the original child support order. This will ensure that you remain in compliance and still do your part to financially support your children.

Appropriate grounds for a modification

In order to secure a modification to a support order in Texas, there must be proof that the non-custodial parent has undergone a substantial change in circumstances. Qualifying circumstances include:

  • Dramatic increase or decrease in income
  • The needs of the supporting parent's other children
  • Significant change in medical insurance
  • Change in living arrangements

The best interests of your children remain the primary concern for any Texas family law court. Even if you believe that you qualify for a modification, you should remember that your request might not receive approval. If your financial stability is on the line, it is extremely important to work with an attorney who can help you seek the most beneficial outcome to your situation.

While it is beneficial and less stressful when both the custodial and non-custodial parents agree to any changes to a support order, a verbal agreement to changes in child support is not legally binding, nor is it enforceable in court. It is always best to seek a legal resolution to any concern you have regarding changes to child support.

How can I prove that I need a modification?

Whether you are a military service member returning from active duty or you recently lost your job, it is important to know your options regarding child support and potential modifications. When seeking a modification, you may present the following as evidence in your case:

  • Pay stubs
  • Tax forms
  • Letter from insurance company
  • Bank statements

By seeking qualified legal support for child support issues, you can be sure that you follow all of the necessary steps when seeking a modification. If your current circumstances do not allow you to meet your obligations, you should take quick action to explore all of your available legal options.

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