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Child support modification: an option for noncustodial parents

We've spent some time on our Dallas family law blog recently discussing child support enforcement, primarily from the perspective of custodial parents seeking to collect delinquent payments. Our last blog post in particular outlined what legal steps can be taken, from wage garnishment all the way up to jail time. These are serious consequences. It is important that custodial parents have these options on the table if necessary and enlist a legal professional to ensure all strategies are explored in depth.

But sometimes noncustodial parents cannot make their child support obligations for perfectly legitimate reasons. Through no fault of their own, they simply cannot make the payments -- whether they just can't meet the agreed-upon level or perhaps cannot pay at all. Are these parents fated to weather severe legal penalties on top of whatever other misfortune they are experiencing?

This is a difficult question where there often is no perfect solution. A family law professional, however, can help noncustodial parents explore what is known as a child support modification if circumstances warrant it. If a parent has lost a job or is suffering ill health, for example, the court may agree to modify the payments so that parent does not fall delinquent.

Because child support is a legally binding obligation, this is not a simple matter to pursue. It will take a solid argument to convince a judge of the necessity of a modification. A legal professional is often the best qualified individual to make such an argument, as it requires a unique understanding of the judge's perspective and concerns.

Parents should bear in mind that the court will hold one standard as paramount in any child support dispute: the best interests of the child. But the law recognizes that reality is seldom cut-and-dry with regard to finances; that as situations change, parents need to have options available regarding child support. A legal professional can help regardless of which side a parent is on.

Source: For more information, visit our child support modifications page.

Source: For more information, visit our child support modifications page.

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