Sunday 31 August 2014

How To Renegotiate Child Support Agreement Through Family Law

By Mattie MacDonald


It is the right of any parent to request review of child support terms based on recent developments. This is a provision given in family law, Katy TX to ensure that support is commensurate with your current status. A ruling in your favor or against you depends on the facts you present and how strong the argument is. Each case has individual merits to warrant an alteration.

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.

Different states have set time limits to prevent frequent reviews. The conditions are likely to change from one state to the other. The time durations gives several years as a break before any modification request can be granted. Some cases are delayed because the reasons given are not convincing enough.

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.

The difficulty in altering negotiated support agreements arises because some states consider them as contracts. This makes them more difficult to modify in comparison to orders given by the court. The matter is complicated when separation or divorce proceedings become part of such agreements. Other issues might be affected by a slight change in a single clause.

Children grow up and their circumstances change. This is a valid ground to request a review of your support fee. The circumstances may demand more or less from you. Proof is required that needs have increased or reduced and therefore your figure should be commensurately adjusted.

The skills of your attorney determine the level of success in getting your request granted. This requires an articulate presentation of facts and the uniqueness in your case. It takes experience and dedication to achieve this.




About the Author:



No comments:

Post a Comment