Full question:
I pay child support to my ex-husband. While he is out of the country for several months and our child is living with me, he has agreed to refund this child support. This child support is garnished from my wages. I need a document to use for this purpose.
- Category: Modification
- Date:
- State: Texas
Answer:
Generally, parties cannot modify a court order through private agreement; a court must issue a modification for it to be legally enforceable. A court can grant a motion to modify a divorce decree if both parties consent or if a significant change in circumstances occurs. It's possible to modify a support order so that the obligor does not owe support during periods of custody.
Typically, modifications apply only to future payments and are not retroactive, meaning any arrears must still be paid. If a modification does not address past due support, it won't void the modification but may require court clarification. While some aspects of a decree are modifiable, property division is final and cannot be changed. Child support can be modified if there is a significant change, such as a change in custody or a substantial change in income. The court's decision will be based on the child's best interests, and if granted, the court will issue an enforceable order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.