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

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US-00799BG
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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

Texas Law on How Often Child Support Can Be Modified ing to Texas law, child support orders can be modified under a variety of situations. Primarily, the order can be modified for almost any reason three years after it was either established or last modified.

In Texas, the Child Support Review Process (CSRP) is a way for parents to request a review of their child support order to determine if it should be modified based on the parent's current financial circumstances. To request a CSRP, a parent must complete and submit a request form to the Texas Attorney General's Office.

There are only two ways a child support order can be changed: An in-office negotiation ? known as the Child Support Review Process (CSRP) Court hearing.

Your child support order may be modified if: It has been three or more years since the order was established or last modified and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded ing to child support guidelines; or.

In Texas, in order to receive a modification of a divorce decree, the party must show a material and substantial change in circumstances of one or both of the parties or a child. Not every change in circumstances is sufficient to require a modification to an agreement or court order.

In order to obtain child support and visitation rights, a parent must go to a child support office or a private attorney.

No Reduction in Unpaid Child Support TFC section 157.263 prevents unpaid child support payments from being reduced regardless of who asks for it. The change reinforces that child support is a serious financial obligation that cannot be avoided. It also brings Texas state law in line with federal law.

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.

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