A court order may need attention because support was calculated using incomplete information, a family’s circumstances have changed or one party is not following the existing terms. Those situations require different legal approaches.
Harrell & Paulson helps clients evaluate child-support issues, proposed changes to parenting orders and disputes about compliance with existing orders.
Understanding a support obligation
A support evaluation may involve income and other resources, permitted deductions, the applicable guidelines, obligations to other children and circumstances supporting a different amount. Medical and dental support and unreimbursed expenses also deserve attention.
When income varies, business records, tax returns and payment histories can be important. A number taken from a paycheck or an online calculator may not answer every question in your case.
Requesting a change to an order
A job loss, a change in the child’s needs or another significant development may justify reviewing an existing order. It does not automatically authorize either parent to disregard it.
The legal standards differ depending on whether the requested change concerns support, parenting time or the right to determine the child’s primary residence. Many requests involve a material and substantial change in circumstances, but statutory alternatives and special requirements may apply. Timing and the terms of a prior agreement can also matter. A court order is required to change a court-ordered support amount; an informal understanding is not a substitute for an approved modification.
Enforcing an order or responding to enforcement
Enforcement may involve unpaid support, missed exchanges, denied parenting time or failures to comply with other provisions. The actual wording of the order, dates of alleged violations, payment records and available defenses are important.
Keep an accurate chronology and preserve receipts, payment histories and communications. A disagreement about what an order means is not necessarily the same as a provable violation. Some enforcement proceedings can carry serious consequences, including contempt, and should not be ignored.
Support and parenting time are separate obligations
A parent should not stop paying court-ordered support because parenting time is being denied, or deny court-ordered parenting time because support is unpaid. The appropriate response is to evaluate available court relief and any immediate safety issues.
What to bring
Provide the complete current order, any later modifications, the enforcement papers if a case has been filed, a payment history and a dated list of the events in dispute. For a requested support change, have recent income and insurance information available.
Get advice before the problem grows
Call (972) 932-4412 to request a consultation. Identify any scheduled hearing or deadline when you contact the firm.