The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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In Texas, the non-payment of child support can transition from a civil issue to a significant legal problem, potentially resulting in a state jail felony charge. This generally occurs when the outstanding amount is equivalent to or exceeds a full year's worth of payments.
Child support orders can be modified through a court hearing or through the CSRP (child support review process). The CSRP is typically faster than scheduling a court hearing and it works best when both parents can agree on the order.
Consider Filling Out a Request for Review Form. The former spouse or girlfriend is the only person who can forgive the missing child support payments. She can do so for just a part of what's owed or for the whole amount.
If you've never filed for child support before, Texas law stipulates that you may be able to file for retroactive child support back to the date the parents separated. However, the general rule we see judges follow is going back four years.
Owes overdue child support in an amount equal to or greater than the total support due for three months, has been provided with an opportunity to make payments toward the overdue child support under a court ordered or agreed repayment schedule, fails to comply with the repayment schedule.
In Texas, in order to receive a modification of a divorce decree, the party must show a material and substantial change in circumstances of one or both of the parties or a child. Not every change in circumstances is sufficient to require a modification to an agreement or court order.
Either parent may file to modify an existing order. If the current order names any other person as a party, they may also file a motion to modify. The Texas Attorney General Child Support Division can file to modify child support.
Have an arrest warrant issued. Owe $5,000 or more in child support. Be at least six months behind in payments.
