If you are dealing with child support payment issues, it is important to know how to handle them effectively. For a divorced Texas parent who has been ordered to pay child support, a job loss or change in income may necessitate asking for a modification. However, it is important to keep in mind that any past due support generally cannot be reduced by a judge or discharged through bankruptcy. Therefore, it is crucial to ask for a modification as soon as a change in circumstances occurs.
Typically, a change in circumstances must be considered to be significant. Otherwise, a modification request may be denied, and a parent will still be responsible for paying support as currently ordered. Parents are urged to document any change in circumstance using recent pay records, medical records or other information that bolsters their claim.
It may be worthwhile to talk with the custodial parent to ask about modified payments in the short-term. While there is no guarantee that the other parent will agree, it may be easier and less expensive than going to court. No matter what, parents should make support payments to the best of their ability. Doing so may be in the best interest of the child, and it may also show that a parent has a legitimate change in circumstances that make it difficult to make payments as ordered.
Regardless of why a parent cannot make child support payments, child support enforcement rules are clear about what happens when they are not made. Therefore, a parent may be subject to financial, professional or other penalties for not keeping up with support as ordered. It may be worthwhile to talk with an attorney about ways to modify an order or ways to work with the other parent to reach a reasonable solution when a financial hardship arises.
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