Financially supporting one's children is every parent's responsibility. Divorce does not change that. The court will likely issue a child support order, and one must pay the amount listed in that order on time. What happens, though, if, as the paying or receiving parent, you disagree with the amount awarded in the order of support? Can you fight it?
The state of Texas does allow parents to appeal a court's decision when it comes to child support. Doing so may or may not have positive results -- there are never any guarantees that it will work.
Child support basics
The amount granted in a support order is based on a number of factors. Some of them include:
- Number of children needing support
- Parental income
- Custody arrangements
- Special needs of the children
- Standard of living during marriage
The court will look at everything in order to determine how much each child needs to have his or her basic needs met, plus any extras if parental income allows. So, every support order will be different.
Appealing the judgment
If, as a receiving parent, you feel the support amount is too little or, as a paying parent, it is too much, you may file to have a judge reconsider the ordered amount. If you do this, you need to supply your reason why you feel this way and any evidence you have that will support your claim. A judge will review the facts of your case and issue a ruling.
What if the appeal does not work?
If appealing a support order does not work in your favor, you may be able to request a modification down the line. To do this, you need to file the appropriate claim in court with supporting documentation. You and your ex will likely need to attend a hearing in order to make your case to a judge. The judge will usually only modify a support order if one parent can show a change of circumstances has occurred.
The court system may feel intimidating to anybody. If you need assistance seeking a fair child support order that meets your children's needs, you have every right to seek legal help. A family law attorney not only helps those currently going through the divorce process fight for adequate support orders, but also assists those who have already finalized their divorce proceedings seek any desired adjustments.