If you’re not satisfied with a child support ruling in Texas, you have the right to appeal it. You will need experienced child support attorneys on your side, as well as basic knowledge of how to appeal a child support order in Texas.
Here’s what you should know about this process before you get started.
Can You Appeal a Child Support Ruling in Texas?
In general, Texas calculates child support using a formula that awards a percentage of one parent’s income to the custodial parent. That percentage can range from 20 to 35 percent depending on the number of children. However, there are exceptions that allow the court to deviate from the norm.
Use this Texas child support calculator for an estimate of your child support obligation.
For example, the court may consider the age of the children, their specific needs and expenses, the amount of time each parent spends with them, and any additional financial resources available to them. Since there are so many factors involved in coming up with a final number, it’s not uncommon for people in Texas to appeal a child support ruling.
Can you appeal a child support order? The answer is yes, but you’ll want the help of the experienced Houston child support attorneys at the Moffett Law Firm for a better chance at a desirable outcome.
How to Appeal a Child Support Order in Texas
If you’re wondering how to appeal a child support order, know that you will need to request a de novo hearing, which you will then file with the District Clerk’s Office. Next, send a written notice to all the parties involved in the case, which typically includes the other parent and the Attorney General.
Your request for a de novo hearing should include information about the issues that you will present to the court in your child support appeal. During the hearing, you and the other parties involved have the right to present relevant witnesses to the court. Your de novo hearing will take place no later than 30 days after your request was filed, so be prepared to go back to court within a month of deciding to appeal the child support ruling.
How Long Do I Have to Appeal Child Support Rulings?
As you work on figuring out how to appeal a child support order in Texas, note that you need to file your request for a de novo hearing within three business days of the original decision. This means it’s best to have some idea of how to appeal a child support order before you even get the original decision from the court, since you won’t have long to start working on your appeal after that.
If you miss the three-day deadline, you might have one more chance to change the outcome, as you can file a Motion for New Trial within 30 days of the decision.
Who Can Make a Child Support Appeal?
In general, anyone can appeal a child support ruling in Texas. This includes the mother, father and Attorney General.
If you are involved in a case in which you think the child support ruling is unfair, contact the Moffett Law Firm divorce lawyers in Houston to start the appeal process.
Whether you need help determining how to appeal a child support order or want advice on any legal matters related to Texas divorce law, the experienced Houston lawyers at the Moffett Law Firm can assist you.
Contact us today to get started on your case.