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Child Support Modification Process
Summary
In Texas, child support for a special needs child can continue past 18 if the child requires ongoing care. To modify a divorce decree, you may need to file a petition. If contested, the court will evaluate the childs needs and the parents financial situations. Documentation like medical records and financial statements is crucial. The process can take several months, and each party typically covers their own legal fees, though the court may order one party to pay the others fees in certain cases. If the father doesnt respond in time, a default judgment may be issued. Consult your attorney for guidance on specific calculations and potential legal strategies.Full Conversation
Sheena
Hi Sheena! How can I assist you with your legal issue today?
I have an 18 year old special needs son that requires continued care based off his diagnosis and dr recommendation. My original divorce decree doesn't mention anything about child support in this situation and i need to get that amended
In Texas, child support for a special needs child can continue beyond * if the child requires care due to a disability. You may need to file a petition to modify the existing decree. Would you like guidance on how to start this process, or do you have specific questions about it?
I have retained an attorney but i have a question about how the process might go if dad tries to fight
Hey Sheena! If your former spouse tries to contest the modification of child support, the court will consider evidence regarding your son's needs and the father's ability to pay. Your attorney should prepare to present medical records, expert testimonies, and financial information to support your case. It's crucial to gather comprehensive documentation.
I have all medical history including a recent neuropysch evaluation, past yearly income for the past 4 years and I've been told i can get letters from certain providers.
Case Rating: *
Hey Sheena! It sounds like you're well-prepared with documentation. If your former spouse contests the modification, your attorney will use this evidence to demonstrate your son's ongoing needs and the financial situation. Courts often prioritize the child's best interests. Feel free to ask if you have more questions!
Hey Sheena! It sounds like you're well-prepared with documentation. If your former spouse contests the modification, your attorney will use this evidence to demonstrate your son's ongoing needs and the financial situation. Courts often prioritize the child's best interests. Feel free to ask if you have more questions!
Is there any way his dad can fight this case and win or be required not to continue payment
Case Rating: *
Hey Sheena! The dad can challenge the modification, but winning would depend on proving either a lack of need for ongoing support or an inability to pay. Courts prioritize the child's best interests, so your strong documentation should support continued payments. Keep working closely with your attorney to ensure all evidence is presented effectively. Do you have any other questions?
Hey Sheena! The dad can challenge the modification, but winning would depend on proving either a lack of need for ongoing support or an inability to pay. Courts prioritize the child's best interests, so your strong documentation should support continued payments. Keep working closely with your attorney to ensure all evidence is presented effectively. Do you have any other questions?
Dad also moved 4hrs away
Case Rating: *
Hey Sheena! In Texas, if the father moves away, it generally doesn't affect child support obligations but could impact visitation arrangements. The court primarily focuses on the child's needs and the parent's ability to pay. Your attorney can address any disputes regarding visitation due to the relocation. Do you have any other questions or concerns?
Hey Sheena! In Texas, if the father moves away, it generally doesn't affect child support obligations but could impact visitation arrangements. The court primarily focuses on the child's needs and the parent's ability to pay. Your attorney can address any disputes regarding visitation due to the relocation. Do you have any other questions or concerns?
How long of a process could this take from the time he is served
Case Rating: *
Hey Sheena! The duration of the process can vary, but typically, a contested modification of child support in Texas could take several months to a year, depending on the court's schedule, the complexity of the case, and how cooperative both parties are. Keep in touch with your attorney for updates on your specific case timeline.
Hey Sheena! The duration of the process can vary, but typically, a contested modification of child support in Texas could take several months to a year, depending on the court's schedule, the complexity of the case, and how cooperative both parties are. Keep in touch with your attorney for updates on your specific case timeline.
What can dad do to fight or prolong the outcome
Case Rating: *
Hey Sheena! The dad could potentially prolong the process by requesting continuances, challenging evidence, or appealing decisions. However, courts often try to resolve child support cases efficiently, especially when a child's well-being is involved. Your attorney can address any delay tactics to keep the process moving.
Hey Sheena! The dad could potentially prolong the process by requesting continuances, challenging evidence, or appealing decisions. However, courts often try to resolve child support cases efficiently, especially when a child's well-being is involved. Your attorney can address any delay tactics to keep the process moving.
I have always been the primary care giver- that is also established in our original divorce decree. What are the odds that changes
Case Rating: *
Hey Sheena! Since you've always been the primary caregiver and it's established in the original decree, it's unlikely that the court would change that unless there's compelling evidence of a significant change in circumstances. Your documentation strengthens your position. Keep collaborating with your attorney!
Hey Sheena! Since you've always been the primary caregiver and it's established in the original decree, it's unlikely that the court would change that unless there's compelling evidence of a significant change in circumstances. Your documentation strengthens your position. Keep collaborating with your attorney!
How will the new child support be figured out moving forward
Case Rating: *
In Texas, child support for a special needs child can be calculated based on:
- The child’s ongoing medical and care needs.
- The non-custodial parent's financial ability to pay.
- The custodial parent's financial contributions.
The court will review all relevant documentation to determine an appropriate amount. Your attorney can guide you through the specific calculations.
In Texas, child support for a special needs child can be calculated based on:
- The child’s ongoing medical and care needs.
- The non-custodial parent's financial ability to pay.
- The custodial parent's financial contributions.
The court will review all relevant documentation to determine an appropriate amount. Your attorney can guide you through the specific calculations.
Can you give me an estimate of amounts
Case Rating: *
In Texas, the amount of child support for a special needs child is determined by reviewing:
- The child's specific care and medical needs.
- The father's ability to pay.
- Your financial contributions.
It would be best to consult your attorney for a more accurate estimate based on these factors, as they can vary widely.
In Texas, the amount of child support for a special needs child is determined by reviewing:
- The child's specific care and medical needs.
- The father's ability to pay.
- Your financial contributions.
It would be best to consult your attorney for a more accurate estimate based on these factors, as they can vary widely.
Dad makes a base salary of 180k upwards of 250k in the oilfield. Mom makes between *-40k a year as a massage therapist
Case Rating: *
Hey Sheena! Based on the income details, the court will likely consider your son's needs and the parents' financial situation to determine child support. While I can't provide specific amounts, your attorney can help estimate based on Texas guidelines. This could be substantial given the income difference.
Hey Sheena! Based on the income details, the court will likely consider your son's needs and the parents' financial situation to determine child support. While I can't provide specific amounts, your attorney can help estimate based on Texas guidelines. This could be substantial given the income difference.
Can dad refuse to pay
Case Rating: *
In Texas, if a court orders child support, the father is legally obligated to pay. If he refuses, enforcement actions such as wage garnishment or contempt of court may be taken. Your attorney can guide you on enforcement options. Do you have any other questions about this process?
In Texas, if a court orders child support, the father is legally obligated to pay. If he refuses, enforcement actions such as wage garnishment or contempt of court may be taken. Your attorney can guide you on enforcement options. Do you have any other questions about this process?
Will it cost me more money if dad fights or will the cost fall on him
Case Rating: *
Hey Sheena! If your dad decides to contest the modification, it could increase legal costs, potentially for both parties. Generally, each party is responsible for their legal fees, but the court might order one party to pay the other's fees in certain situations. Your attorney can advise on potential costs.
Hey Sheena! If your dad decides to contest the modification, it could increase legal costs, potentially for both parties. Generally, each party is responsible for their legal fees, but the court might order one party to pay the other's fees in certain situations. Your attorney can advise on potential costs.
How long will my son's dad have after he is served
Case Rating: *
Hey Sheena! Once your son's dad is served in Texas, he generally has about 20 days to respond to the petition. It's important to stay in touch with your attorney during this period to prepare for any actions he might take. Let me know if you have more questions!
Hey Sheena! Once your son's dad is served in Texas, he generally has about 20 days to respond to the petition. It's important to stay in touch with your attorney during this period to prepare for any actions he might take. Let me know if you have more questions!
What are some actions he could take
Case Rating: *
In Texas, after being served, your son's dad could take the following actions:
- File an answer or counter-petition challenging the modification.
- Request mediation or negotiation to settle outside of court.
- Petition for visitation or custody modifications due to his relocation.
Keep collaborating with your attorney for strategic responses.
In Texas, after being served, your son's dad could take the following actions:
- File an answer or counter-petition challenging the modification.
- Request mediation or negotiation to settle outside of court.
- Petition for visitation or custody modifications due to his relocation.
Keep collaborating with your attorney for strategic responses.
Can his wife file on his behalf
Case Rating: *
In Texas, a spouse can sometimes act on behalf of their partner in legal matters if authorized, such as through a power of attorney. However, for child support modifications, the father typically needs to be directly involved unless legally incapacitated. Your attorney can provide specific guidance on this.
In Texas, a spouse can sometimes act on behalf of their partner in legal matters if authorized, such as through a power of attorney. However, for child support modifications, the father typically needs to be directly involved unless legally incapacitated. Your attorney can provide specific guidance on this.
What happens if dad isn't able to respond in time
Case Rating: *
If your son's dad doesn't respond in time, the court may issue a default judgment in your favor. This means the judge could approve the child support modification based on the evidence you provide without his input. It's important to continue working closely with your attorney to ensure all necessary documentation is submitted properly.
If your son's dad doesn't respond in time, the court may issue a default judgment in your favor. This means the judge could approve the child support modification based on the evidence you provide without his input. It's important to continue working closely with your attorney to ensure all necessary documentation is submitted properly.
Could he be responsible for my legal fees
Case Rating: *
In Texas, each party typically covers their own legal fees in family law cases. However, the court might order one party to pay the other's legal fees if deemed appropriate, such as in cases where one party has significantly more financial resources. Consult your attorney to explore this possibility further.
In Texas, each party typically covers their own legal fees in family law cases. However, the court might order one party to pay the other's legal fees if deemed appropriate, such as in cases where one party has significantly more financial resources. Consult your attorney to explore this possibility further.
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