The question in the title of this blog post is brought up all the time. After all, life is fluid — things change. What you agreed to pay your former spouse in child support and spousal maintenance payments five years ago may not be possible anymore.
Perhaps you lost your job, switched jobs, or received a pay cut. The obligation to pay child support and spousal maintenance can be modified in certain circumstances. If you suddenly find yourself in this situation, you may wonder what happens next.
Consider a Modification if Your Circumstances Have Changed
Paying parents have a duty to support their children through child support payments, regardless of what happens to their marriage and how much time they ultimately spend with their child. These Court-ordered payments are made regularly, usually to the parent who designates the child’s primary residence, and they are meant to cover essentials such as clothing, food, shelter, education, etc. Once the amount of child support is set and a schedule is put in place through a child-support order, the paying parent must start making payments and continue doing so until the child turns 18 or graduates from high school, whichever occurs last.
Spousal maintenance is regular payments made from one spouse to another to help the recipient meet their minimum reasonable needs. That said, spousal maintenance is not guaranteed. A person must request and qualify for it, and the Court will look at various factors before making a final decision.
This includes:
- The existing financial needs of the spouse
- The length of the marriage
- The ability of the paying spouse to afford to pay spousal support
- Education and current occupation of both parties
While your intentions may be pure, the reality is that many paying parents fall on hard times due to job loss, illness, or injury and struggle to make right on their obligations. In these situations, the paying spouse needs to communicate with the other spouse, possibly work out a new payment schedule, and seek a child support modification agreement from the Court.
The paying parent will likely still owe whatever amount they may have fallen behind by (known as arrears), but lower payments moving forward, a possible reduction of arrears from the Court, and a payment plan could help them get caught up.
Circumstance Changes
If your circumstances have changed, consulting with an attorney to review your options is always good. We offer services ranging from mediation to child custody to client advocacy in a divorce action. Especially when children are involved, we help the client develop and execute the best strategies to avoid leaving a wake of destruction, the brunt of which falls largely on the innocent and impressionable children of divorce. Christman | Daniell Attorneys’ primary goal is to protect our client’s interests, equip them for a difficult journey, and deliver skilled and legal advocacy and advice.
Please call Christman | Daniell Attorneys for your legal needs today!
Are you looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area. Our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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