Want to Change Child Support? Know the A, B, C’s…

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).

  1. A “material and substantial change in circumstances” is needed.  Here, we need it to be a financial change (either earning power or monetary need).
  2. Those circumstances must relate to the child or a person affected by the order.
  3. 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.

About these ads

About CJ.Harding
Chris believes one of the most important aspects of family law is seeing the 'big picture.' This means understanding the law, the facts of your case and the range of possible outcomes. Only after knowing each of those can an attorney convey the risks and potential results and guide you to make the right decision for your case, your life and your family. He understands every person and every case is unique. Chris will advocate for the very best possible result in your case. He has worked on a variety of family law cases, including tracing of assets, property division of estates worth more than one million dollars, international and interstate child custody issues, enforcement actions as well as pre-marital and post-marital agreements. Chris continues to be a student of the Law and helps to educate others by maintaining the "Hot Topics" section of the Firm web site, which features current issues in Texas family law. Topics have included how a bankruptcy can affect child support and the differences between alimony and court ordered spousal maintenance. Chris joined the firm after graduating cum laude from Southern Methodist University Dedman School of Law. During his time at SMU, Chris competed in numerous mock and moot competitions and placed nationally. Chris is a native Texan, growing up in the Houston area and completing his undergraduate studies at the University of Texas at Austin.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 186 other followers

%d bloggers like this: