This form is used 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.
A Texas Motion to Modify or Amend Divorce Decree to provide for an Increase in Amount of Child Support is a legal document filed by a parent seeking to adjust the existing child support arrangements outlined in their divorce decree. This motion aims to request a higher amount of child support, which may be necessary due to changed circumstances or increased financial needs of the child. Keywords: Texas, Motion to Modify, Amend Divorce Decree, Increase in Amount, Child Support There are two primary types of Texas Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support: 1. Material and Substantial Change in Circumstances: This type of motion is filed when there has been a significant change in either the financial condition of the parent obligated to provide child support or the child's needs. Material and substantial changes may include increased living expenses, medical costs, educational expenses, a parent's increased income, a parent's job loss, or other pressing factors affecting the child's wellbeing. 2. Standard Review: In Texas, child support orders are subject to review every three years to ensure they align with the state's child support guidelines. During a standard review, either parent can request an increase in child support based on changes in income, living expenses, or the child's needs. When filing a Texas Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support, the following steps should be followed: 1. Prepare the Motion: Begin by drafting a clear and concise motion that outlines the reasons for the requested increase in child support. Mention specific details regarding the changed circumstances or the child's increased financial needs. Adhere to the specific format and language required by the Texas Family Code. 2. Gather Supporting Documents: Collect any supporting documents that validate the claims made in the motion. These can include financial statements, tax returns, pay stubs, proof of medical expenses, or other relevant records. Ensure all documentation is accurate and up to date. 3. File the Motion: Take the completed motion, along with the supporting documents, to the District Clerk's Office in the county where the original divorce decree was filed. Pay the required filing fee and request a file-stamped copy for your records. 4. Serve the Other Parent: Serve the other parent with a copy of the filed motion according to Texas service of process rules. This can be accomplished by hiring a qualified process server or using certified mail. Retain proof of service. 5. Attend Court Hearings: Upon receiving the filed motion, the court will schedule a hearing to review the request. Both parents must attend the hearing to present their arguments and provide additional evidence, if necessary. The judge will assess the proposed modification and make a ruling based on the best interests of the child. It is essential to consult with a qualified family law attorney when preparing and filing a Texas Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support. They will provide guidance on the specific legal requirements, help gather relevant evidence, and present a persuasive case to the court.
