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How often can the Texas Attorney General take me to court to modify my monthly child support payment amount?

Dallas, TX |

Last time child support was modified/enforced by TX AG was September 2010.

Attorney Answers 2

Posted

In Texas, child support can be modified if there is a "material and substantial" change in circumstances to "any party to the case" or if it has been 3 years since the last order and there is a change in the obligor's income of 20% or $100 dollars in regards to child support payment.

With that said, modification is different from an enforcement. Modification seeks to change the amount of child support you are making now due to one of the reason stated above. An enforcement is where the obligor has fallen behind on making child support payments and the obligee or AG (if the AG is involved) wants to enforce the payments the obligor has missed. An enforcement will most often request criminal and/or civil contempt and penatlies that will make the obligor go to jail. There is no limitation to filing an enforcement if the obligor is continuing to miss child support payments.

Sorry for the vague answer, but it needs to be clarified what it is the AG has filed against you.

Consult a local Dallas family law attorney to assist you. Also, Dallas does have local legal clinics and association where attorneys volunteer their time and service.

Good luck and wish you success.

Min Gyu Kim (Peter)
www.kimlylaw.com

The foregoing are comments to a general question of law, and should in no way be interpreted as legal advice. This information does not create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements

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Asker

Posted

Support was ordered in 2007 at $245, however $450 has been paid virtually every month since then, give or take a few months. In July 2011 petition to modfy parent child relationship was done and though support was not asked to be modified her attorney threatened to have it changed if the $450 that was already being paid wasn't agreed upon for the temporary order. So it was. Now petition for retroactive child support is being filed dating to when another petition to modify child custody was done earlier this year. Can this petition to modify support/retroactive support be done though it was just changed in July 2011?

Min Gyu Kim

Min Gyu Kim

Posted

the obligee can seek a modification anytime she wants. the burden changes depending on how long she waits until the last court order regarding the child support issue.

Posted

The AG can modify your support obligation upwards or downwards, depending on the facts proven. You definitely need a lawyer to represent you in one of these cases. The AG's office can be very aggressive (and they should be). Try to find a lawyer that regularly practices in your county's IV(g) courts (special child support enforcement court).

I do not represent you. I know no facts about your case. Time is of the essence in hiring a lawyer.

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Posted

Answer was not relevant to the question. How often -- not how much -- was the question. This site is for legal advice, not for "Try to find a lawyer" comments. There are other sites designed to help attorneys shop for clients. Min Gyu Kim (Peter) has provided thorough and specific responses to legal questions. Feel free to consult with him regarding the proper use of this site. Thank you and good luck.

John Gus Zgourides

John Gus Zgourides

Posted

I did not intend to answer your question - I was chiming in on Mr. Kim's comments. Note that I marked Mr. Kim's answer to your question as "good." Likewise, he marked my answer as "good." Also note that most lawyers posting on this site (Mr. Kim and I included) are careful to make clear that they are not giving legal advice. I believe that anyone in a situation adverse to the Texas Attorney General's Child Support Division needs their own lawyer. Pro se obligors in child support enforcement actions often fare poorly, and sometimes end up in jail. I know a man recently sued by the AG in a child support enforcement/contempt action in a Harris County Master's IV(d) court. His defense was that a medical condition made him involuntarily able to pay the amount owed per month, and he sought a reduction in his child support obligation. He got his reduction of the support owed going forward, but his monthly payments almost doubled as the interest owed on his back child support obligation was reduced to a money judgment of over $150,000. The Deputy AG insisted on an agreed order of contempt with 10 years of probation. Had the man refused to agree, he might have been put in jail that very day, And he had a lawyer. These are serious matters that should spark a person to hire a competent local lawyer. Good luck. Check out this website, but note that the AG is not giving free legal advice: https://www.oag.state.tx.us/cs/parents/index.shtml. John Zgourides http://zgourides.com

John Gus Zgourides

John Gus Zgourides

Posted

Correction to my last comment: "He got his reduction of the support owed going forward, but his monthly payments almost doubled as the PRINCIPAL AND interest owed on his back child support obligation was reduced to a money judgment of over $150,000. " John Zgourides http://zgourides.com

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