Collin Texas Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

State:
Multi-State
County:
Collin
Control #:
US-00799BG
Format:
Word; 
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Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

Under Texas law, modifications to divorce decrees are allowed when both former spouses mutually agree to alter terms, or when there have been material and substantial changes in circumstances of one or both of the parties or a child.

A divorce order can only be changed if you apply to court by means of a formal court application to change it.

Your lawyer may be able to negotiate some kind of arrangement by offering some other kind of change the custodial parent wants for a non-guidelines support amount. Finally, you can change your child support should one of your children turn 18 AND graduate from high school.

Modifications can be requested at any time after the divorce is finalized. If both parties agree to the appeal or modification, we charge $600 to $800 to file the necessary paperwork for you and there is a filing fee as well.

Child support payments cannot be changed without going to court. The amount of child support owed only changes when the judge enters a new court order that changes it.

You cannot appeal a divorce decree unless you have valid grounds to do so. One of the valid grounds to appeal a divorce decree in Texas is when the judge made a mistake regarding the application of the law. When filing the appeal, you must demonstrate evidence that the court made the error.

For most parents obtaining a new order that modifies your support may take at least 6 months. Please review the modification steps below and quickly respond to any requested information from our office to help speed up the process.

Once the judge is satisfied, the consent order is 'sealed' and becomes legally binding. At this point, the order is final and neither you, nor the judge, can usually change the agreement.

An order for support is eligible for a modification review every three years, or when there is a significant change in the needs of the child or the non-custodial parent's income.

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Collin Texas Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support