How do you modify a child support order

Support Modification Process | Office of the Attorney General

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If your circumstances have changed, your order may be eligible for review and modification. Here’s what to expect when you request for a modification of your child support order.

Click here to learn the steps in the modification journey

How do I request a review?

If you have an active/open child support case, you can submit an official Request for Review of your court-ordered amount.

• Click here to learn about the steps in the modification journey.
• Click here to complete an online modification request.

Only 1 modification request should be submitted, any additional requests can create a delay in processing.

• Or click here to download, complete, and mail the "Request for Review" form to the Child Support Division.

Send the completed form to:

Office of the Attorney General
Child Support Division
P.O. Box 12017
Austin, TX 78711-2017

ELIGIBILITY FOR A MODIFICATION

Your child support order is eligible for modification only if one (or more) of the following is true:

• The order was established/last modified more than three years ago; and
• The monthly amount of the child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded, according to child support guidelines.

OR

• A material and substantial change in circumstances has occurred since the child support order was last set.

WHAT IS A "MATERIAL AND SUBSTANTIAL CHANGE IN CIRCUMSTANCES"?

In relation to receiving a payment modification, this phrase applies to one of these situations:

• The noncustodial parent's income has increased or decreased.
• The noncustodial parent is legally responsible for additional children.
• The child's (or children's) medical insurance coverage has changed.

            OR

• The child (or children) are now living with a different parent.

HOW TO CHANGE A CHILD SUPPORT ORDER

There are only two ways a child support order can be changed:

1. An in-office negotiation — known as the Child Support Review Process (CSRP)
2. Court hearing

Informal agreements between parents do not change the court-ordered amount. That can be changed only by a court hearing or the CSRP.

COULD MY PAYMENT AMOUNT GO UP IF I REQUEST A MODIFICATION?

Yes. It is possible that the amount of child support you are ordered to pay could go up.

Modifications are based on the noncustodial parent's current income. If you are making more money now than you were when the child support order was established or last modified, the court may increase the amount of child support you are ordered to pay.

Visit the Child Support Calculator. Enter your current income to estimate what your child support payment might be.

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Employment Changes | Office of the Attorney General

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Losing your job or earning less income doesn't mean your child support obligation automatically changes or goes away. But you can request that your case be reviewed by the Office of the Attorney General (OAG). If your circumstances have changed, you may be eligible for a payment modification. Here's how employment status, income, and court-ordered amounts are related.

I Lost My Job. What Now?

• If you have lost your job, contact us as soon as possible to let us know your circumstances. Remember that only a court order can change your monthly payment amount, so it’s important to keep making payments each month until your order is changed.
• If you have no income, the court can set your modified child support amount based upon your past employment, your ability to work and the current federal minimum wage.
• For help finding a job, visit the Texas Workforce Commission online at WorkInTexas.com.
• Noncustodial parents who lose their job — or see an income decrease — can request a review of their child support order from the Office of the Attorney General. Learn more about the Payment Modification Process.

My New Job Pays Less Than My Last Job. Will My Child Support Order Change to Match My New Income?

Your child support order could change to match your current income.

Noncustodial parents who lose their job — or see an income decrease — can request a review of their child support order from the Office of the Attorney General. Learn more about the Payment Modification Process.

Important: Until a court changes your order, you must continue to pay as much of your child support payments as possible while your Request for Review is being processed.

I'm Looking For A Job Now. Can My Child Support Be Temporarily Lowered While I'm Looking?

It is uncommon for temporary orders to be issued on child support cases processed by our office. But if you are struggling to make your child support payments, contact us immediately. Let us know your circumstances. And most importantly, continue to pay as much of your child support payment as possible.

Important: If a noncustodial parent fails to pay child support, enforcement action may be taken.

I'm Only Able To Find Part-Time Employment Right Now. Can My Order be Based on My Part-Time Income/Wages?

If you are a noncustodial parent who is employed part-time, we will consider your past employment, your ability to work and earn income and the current federal minimum wage to calculate child support.

I'm Receiving Unemployment Benefits - How Does This Affect My Child Support?

Child support will be taken from your unemployment benefits through wage withholding. The Texas Workforce Commission withholds according to your support payment obligations. Up to 50 percent of the unemployment earnings can be withheld to satisfy your current monthly obligations.

Can Payments I'm Making For Back Child Support Be Changed Based on My New Wages?

Yes. Our office can review the child support arrears payment ordered by the court. We then determine whether the amount may be lowered through a modified (new) court order or by adjusting the wage withholding in place with your employer.

Important: Lowering the payment amount going toward child support debt may extend the time for a noncustodial parent to pay off his or her child support obligation.

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How to change the method of payment of alimony collected by court order? - Lawyer in Samara and Moscow

How to change the method of payment of alimony collected by court order?

To change the method of payment of the collected alimony, you must file a lawsuit in court.

Methods of payment of alimony collected by court decision
When collecting alimony by court decision, the following methods of payment are possible: in shares of the parent's income, in a fixed amount of money, or simultaneously in shares and in a fixed amount of money.
As a general rule, maintenance for minor children, in the absence of an agreement on their payment, is collected by the court from parents on a monthly basis in the following amount: for one child - 1/4, for two children - 1/3, for three or more children - 1/2 of the parents' income . In some cases, the court may determine the amount of alimony in a fixed amount of money or both in shares and in a fixed amount of money. In particular, this is possible when the parent who pays alimony has an irregular, fluctuating income, or receives it in kind or in foreign currency, or he has no income (clause 1, article 81, clause 1, article 83 of the RF IC).

Procedure for changing the method of payment of collected maintenance
Collection of maintenance in shares of the parent's income does not prevent the recipient of maintenance from demanding their collection in a fixed amount of money or simultaneously in shares and in a fixed amount of money.
To do this, in the event of a change in the financial or marital status of one of the parties, the recipient of alimony must file a statement of claim with the court, and not an application to change the method and procedure for the execution of the court decision. At the same time, a change in the financial situation of parents in itself cannot limit the child's right to necessary and decent maintenance and is not an unconditional basis for reducing the amount of alimony (Article 119RF IC; paragraph 58 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 56; p. 3 sect. III Review, approved. Presidium of the Supreme Court of the Russian Federation on May 13, 2015; Appeal ruling of the Moscow City Court dated July 22, 2020 in case No. 33-18622/2020).
To file a claim, we recommend that you follow the following algorithm.

Step 1. Prepare the statement of claim and the necessary documents
The statement of claim should indicate (Part 2 of Article 131 of the Code of Civil Procedure of the Russian Federation):
the name of the court in which the claim is filed;
information about the plaintiff: last name, first name, patronymic (if any), place of residence, and, if desired, a contact phone number and e-mail address. If the claim is filed by a representative, similar information about him is also indicated;
information about the defendant: last name, first name, patronymic (if any), place of residence, and, if known, date and place of birth, place of work and one of the identifiers (in particular, SNILS, TIN, series and number of an identity document driver's license, vehicle registration certificate). A contact phone number and e-mail address are also optional.
your claims, the circumstances on which you base your claims and the evidence supporting them;
information on actions taken by the party (parties) aimed at reconciliation, if such actions were taken;
list of documents attached to the statement of claim.
Evidence substantiating the claims of the plaintiff may be, in particular, documents confirming the financial situation of the parties (for example, information on wages, business income, benefits, payments, property, etc.), evidence indicating that the payer of alimony minor or disabled adult children or other persons whom he is obliged to support by law, evidence indicating the disability of the alimony payer (paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 56).
When considering such cases, the courts, as a rule, assess whether the amount of alimony paid is sufficient for the full maintenance of minor children with the maximum possible preservation of the previous level of support for them (paragraph 3 of section III of the Review; Resolution of the Presidium of the Moscow City Court dated 10. 07.2018 in the case N 44g-218/2018).
Claimants in claims for the recovery of alimony are exempted from paying the state duty, which in this case is paid by the defendant.
In the event of filing a claim for a change in the amount of alimony established by the court, the alimony payer pays the state duty in an amount that depends on the value of the claim (clause 1, clause 1, article 333.19, pp. 2, 8 p. 1 art. 333.20, paras. 2 p. 1 art. 333.36 of the Tax Code of the Russian Federation; p. 6 h. 1 art. 91 Code of Civil Procedure of the Russian Federation; paragraph 5 of the Decree of the Plenum of the Supreme Court of the Russian Federation N 56).

Step 2. File a claim with the court and wait for the court's decision
When filing a claim on paper, it must be printed and signed. The claim can also be filed electronically on the official website of the court, subject to the technical possibility for this in court (part 1.1 of article 3, part 4 of article 131 of the Code of Civil Procedure of the Russian Federation; part 4 of article 12 of the Law of 06/23/2016 N 220 -FZ).
A statement of claim for a change in the method of payment of the collected alimony is filed with the district court. In this case, the application of the alimony recipient is filed with the court at the place of residence of the alimony recipient or payer.
If the claim is filed by the alimony payer, then the application should be submitted at the place of residence of their recipient (Articles 24, 28, parts 3, 10 of Article 29 of the Code of Civil Procedure of the Russian Federation; clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 56).
As a general rule, these cases are considered and resolved by the district court before the expiration of two months from the date of receipt of the application to the court. At the same time, depending on the complexity of the case, the term for its consideration may be extended by no more than one month.
The court decision enters into legal force after a month from the date of its adoption in final form, if it has not been appealed (parts 1, 6 of article 154, part 1 of article 209, part 2 of article 321 of the Code of Civil Procedure of the Russian Federation; p 1 Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2008 N 13).
A writ of execution is issued at the request of the recoverer and, at his request, is sent for execution (part 1 of article 428 of the Code of Civil Procedure of the Russian Federation).

The material of the article is taken from open sources

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- The Supreme Court of the Republic of Belarus

Issues related to the recovery of alimony are of great public interest and are always in the area of ​​close attention of the judiciary. Conflict situations related to non-fulfillment of maintenance obligations are resolved in court. Consideration by the court of disputes on the recovery of alimony guarantees their quick and correct resolution, ensuring the protection of the rights and legitimate interests of children. The relevance of the topic raised is also due to the rather high number of disputes related to the recovery of alimony considered by the courts.

June 12 this year the program “Actual Microphone” of the First National Channel of the Belarusian Radio was devoted to this topic with the participation of Vera Borisovna Krugova, Judge of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Belarus .

The program aroused great interest among the listeners, and we additionally publish an interview of the judge on such a socially important topic.

In the photo: Judge of the Supreme Court of the Republic of Belarus Vera Borisovna Krugova

- Vera Borisovna, tell us what is the procedure established by law when applying to the court for the recovery of alimony, can a citizen independently draw up an application without seeking legal advice?

- Alimony for minor children can be collected in order order and in order claim proceedings . Recovery of alimony in the order of writ proceedings is carried out without holding a court session and calling the parties. By order, alimony can be recovered if this is not related to the establishment of paternity (maternity) or the need to involve third parties to participate in the case. In this case, the judge issues a ruling on a court order, which is also an executive document.

The statement of claim for the recovery of alimony is submitted in writing with a copy of the application to be sent to the defendant and must comply with the requirements of Art. Art. 109, 243 Code of Civil Procedure.

By the way, on the information stands of the courts and on our Internet portal, there are samples of the most frequently filed statements of claim, including those on the recovery of child support in the order of action proceedings and on the recovery of alimony in the order of writ proceedings.

- Do I need to pay a state fee when applying to the court with an application for the recovery of alimony?

- No, you don't. In accordance with the requirements of the Tax Code, plaintiffs, applicants are exempted from paying the state fee when applying to the court with statements of claim and applications for initiating writ proceedings for the recovery of alimony. In this case, the obligation to pay the subsequent state duty rests with the defendant.

- As you know, one of the results of the judicial and legal reform was the creation of a unified system of bodies for the enforcement of court decisions and other executive documents. Where should I go to claim child support? Where does the competence of the court end and the bailiffs begin?

- Proceedings on the recovery of alimony ends with the issuance of a court decision (decision on the recovery of alimony, ruling on a court order on the recovery of alimony) by the court.

In cases of writ proceedings on the recovery of alimony, if the debtor does not object to the court within the prescribed period, the judge issues to the exactor a ruling on the court order indicating the date of its entry into force for presenting it for execution. Business claim proceedings upon the claim of the recoverer, on the basis of a court decision on the recovery of alimony, a writ of execution is issued.

At the stage of issuing a court order to the recoverer, the competence of the court ends, and after presenting it for execution to the enforcement authorities, the competence of bailiffs begins.

- What if, in the opinion of the alimony claimant, the bailiff is inactive or does not take all measures to collect alimony from the debtor?

- I believe that before appealing against the inaction of a bailiff, it is worth familiarizing yourself with the materials of the enforcement proceedings. It is likely that the bailiff is doing everything possible for this. But if the materials of the enforcement proceedings confirm the inaction of the bailiff, then the alimony collector has the right to appeal against the inaction of the bailiff in the manner prescribed by law. As for the procedure for appealing against the inaction of a bailiff directly to the court, it is regulated by Article 360-3 of the Code of Civil Procedure.

- Can the parties voluntarily settle this issue without going to court, in addition to the court order for the recovery of alimony?

- Of course, it is possible. Alimony may be paid on a voluntary basis by a person obliged to pay alimony, or by deduction from wages at the place of work or at the place of receipt of a pension, allowance, stipend, or other payments. An employer paying wages, an organization that pays pensions, allowances, scholarships and makes other payments, are obliged, on the basis of a written application of the person paying alimony , to monthly withhold from his salary, pension, allowance, scholarship and other payments monetary amounts of established amounts, taking into account the restrictions provided for by the legislative acts of the Republic of Belarus, and pay (transfer to an account, transfer according to mail at the expense of the person paying the alimony) no later than three days from the date of payment of wages, pensions, allowances, stipends and other payments to the person specified in the application.

- What if the child support payer changes jobs?

- When a citizen from whom alimony is withheld upon application transfers to another job or, for example, changes his place of residence, alimony is withheld on the basis of a newly submitted application. At the same time, alimony cannot be withheld on the basis of an application, if the total amount to be recovered on the basis of an application and executive documents exceeds 50 percent of the earnings and (or) other income due to the debtor, from which alimony is withheld, and also, if the debtor is recovered by a court order alimony for children from another mother, with the exception of the case of payment of alimony for minor children.

So, if alimony is paid for minor children, then on the basis of an application, alimony may be withheld and if the total amount of deductions on the basis of such an application and executive documents exceeds 50 percent of the earnings and (or) other income of the person obliged to pay alimony, but not more than 70 percent. That is, if the employee pays child support for minor children, which must be indicated in the application, the amount of alimony withheld can be more than 50 percent of earnings, but not more than 70 percent.

At the same time, it should be noted that for able-bodied parents, the minimum amount of alimony per month should be at least 50 percent for one child, 75 percent for two children, 100 percent for three or more children of the subsistence minimum budget on average for per capita.

- Vera Borisovna, please explain how long it takes for alimony to be collected and is it possible to collect alimony for the past time? At the same time, alimony may also be collected for the past time, but not more than for the previous three years, if the court establishes that prior to applying to the court, measures were taken to obtain funds for maintenance, but due to the evasion of the person obliged pay alimony, from their payment, alimony was not received.