July 26, 2012 Leave a comment
Changing a child support payment (whether your’s or your ex’s) is certainly possible, just make sure that all the bases are covered. Let’s look at the first group of steps needed, which can be found in Texas Family Code section 156.401(a).
- A “material and substantial change in circumstances” is needed. Here, we need it to be a financial change (either earning power or monetary need).
- Those circumstances must relate to the child or a person affected by the order.
- The change in circumstance must have occurred after the signing of the order.
With the above set of facts, changing that child support payment becomes possible. At the hearing, the above must be shown. Simple testimony is not always enough. The best way would be to show tax returns or pay stubs showing income at the time of the signing of the order, then current tax returns or pay stubs.
For an interesting case showing this process, look at In the Interest of C.H.C. by clicking the name of the case.