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Can i go to civil court for a child support modification!

Edinburg, TX |

i wanted to ask if i could go to civil court for child support order modification. i contacted texas attorney general and they just brush me off saying he does not meet to modify i dont understand if it has been 4 years since last time they reviewed it he lied and there are errors on the order also he lied that he has 1 kids living in his home when he does not. when i signed papers 4 years ago i was i labor yes labor with my 4 year old so i did not get to be there when he added the "2" so called child. i have a 15 year old that just had a pacemaker put in and a 16 year old that is on ssi . also since last order he no longer picks his children up

Attorney Answers 2


You can always file for a modification but you may have to pay a lawyer to do it. The OAG looks at a formula. If you know he has other resources that can be proven you can get the child support increased. Also, the fact he does not exercise visitation can help your case. You need a lawyer -- this is not something you can do yourself.

Please be advised the posting of this answer does not create an attorney-client relationship. Karen L. Marvel and the Law Office of Arthur G. Augustine, as a condition of their employment, require a signed written employment agreement prior to formally establishing an attorney-client relationship with any person.

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Allecia Lindsey-Pottinger

Allecia Lindsey-Pottinger


I agree with Karen Marvel it is always best to proceed with an attorney. Modifications can sometimes get very technical and the fact the father has not been truthful in the past he probably will not be in the future so you will need to have strong evidence to flesh out all of the untruths in court to prevail in your case.


Yes, you can ask the court to modify your current order. Your child support order may be modified if you meet the following criteria: (1) It has been three or more years since the order was established or last modified and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded according to child support guidelines; or (2) A material and substantial change in circumstances has occurred since the child support order was last set.

If the attorney general's office will not assist you, contact an attorney in your area to see if they can give you a free consultation. There are also programs that assist low income families with legal issues.

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

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