Increase in Child Support Modifications Seen in Dallas Divorce Courts
Sunday, March 15th, 2009It seems that the economy is having an effect on the child support system. I have observed an increase in cases involving nonpayment of child support, as well suits to modify and lower child support obligations in the Dallas County Family Courts as well as the Collin County Family Courts. I’ve talked to other Dallas area divorce lawyers and they report similar observations.
When a person who owes child support (aka, the obligor) loses his job is having trouble paying his obigation for whatever reason, it is essential to file a suit requesting modification of the obligation as soon as possible. Failing to pay child support according to the court order can subject a person to the possibility of going jail for contempt of court for up to 6 months for each occurrence of a violation. In other words, failing to pay child support per the court order for one month carries a maximum possible contempt sentence of 6 months in jail. Each subsequent month where the obligator fails to pay child support can also carry a 6 month sentence.
Once a suit for modification is filed to lower the child support obligation, the court has the ability to grant a temporary reprieve of the child support obligation and even, in some cases, make the child support decrease retroactive to when the suit for modification was filed.
