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How do I go about having a court ordered child support modified? My ex-husband was self employed and did not appear in court....

How do I go about having a court ordered child support modified? My ex-husband was self employed and did not appear in court....

Q: How is back child support paid?

Back child support, also known as arrears, is typically paid in full or through a payment plan established by the court. The non-custodial parent may be required to pay a specified amount each month until the arrears are settled. Courts can enforce these payments through wage garnishment or other legal means.

Q: How do I win a child support modification case?

To win a child support modification case, you must demonstrate a significant change in circumstances since the original order. This could include changes in income, job status, or the needs of the children. Presenting clear evidence and documentation to the court is crucial to support your request for modification.

Q: What happens if the non-custodial parent misses a child support hearing?

If the non-custodial parent misses a child support hearing, the court may issue a default judgment against them. This means the court can make decisions regarding child support without their input, potentially resulting in increased obligations or enforcement actions against them.

Q: What happens if the non-custodial parent doesn't show up for child support hearing?

If the non-custodial parent does not show up for a child support hearing, the court can still proceed with the case. A default judgment may be entered, which can lead to the non-custodial parent being ordered to pay the requested support amount without their defense being heard.

Full question:

How do I go about having a court ordered child support modified? My ex-husband was self employed and did not appear in court. No records were found to support his amount of monthly income. He was ordered to pay $375.00 a month for my 3 children. I have been told that he now has an hourly job. I do not know where he works or for whom. I paid for the divorce, court costs, lawyer costs and cannot afford to do that again. What can I do?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Texas

Answer:

See the following form on the USLF website:
US-00800BG Motion to Modify Divorce Decree to Provide for Increase in Amount of Child Support

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.

FAQs

What happens if neither party shows up for child support court?

If neither party shows up for a child support court hearing, the court may proceed with the case based on the available evidence. This could result in a default judgment against the absent party. If you are the one who didn't attend, you may lose the opportunity to present your case or modify child support obligations.

How is back child support paid?

Why is the child support system unfair?

Many view the child support system as unfair due to inconsistencies in how support amounts are calculated, the lack of consideration for the non-custodial parent's financial situation, and challenges in enforcement. These issues can lead to situations where one parent feels burdened while the other appears to benefit disproportionately.