Texas Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School

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Multi-State
Control #:
US-02039BG
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Word; 
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Description

The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


A joint petition to modify or amend a divorce decree in Texas can be filed when a minor child has left home, is living independently, and refuses to work or go to school. This legal process allows parents to terminate the obligation of child support payments for a child who is no longer dependent on them. Here are some important keywords and information related to this topic: 1. Texas divorce decree modification: In Texas, divorce decrees can be modified or amended under certain circumstances, such as when there are significant changes in the child's circumstances or the parents' financial situations. 2. Joint petition: Both parents must agree to file a joint petition to modify the divorce decree in order to terminate child support payments. By jointly filing this petition, they are required to provide evidence supporting their claim that the child is no longer eligible for support. 3. Terminating child support: The objective of this petition is to terminate the child support obligation for the noncustodial parent due to the child's changed circumstances. The parents must show that the child is living independently and refuses to work or attend school despite reasonable opportunities and encouragement. 4. Minor left home: This refers to a situation where the child has voluntarily chosen to leave their parents' home and is living independently without their financial support or supervision. 5. Living independently: Living independently typically means that the child is no longer under the direct care or control of their parents. They may have secured their own housing and are responsible for their own financial support. 6. Refuses to work or go to school: The child must adamantly reject opportunities and encouragement to engage in work or education. This may include consistently refusing employment, rejecting educational opportunities such as college or vocational training, or demonstrating a lack of effort towards self-sufficiency. It is important to note that variations of this joint petition can exist depending on specific circumstances, such as the child being mentally or physically incapable of work or school attendance. Each case will have its own unique details and the joint petition should be tailored accordingly. Before filing the joint petition, it is recommended to consult with an experienced family law attorney in Texas who can guide you through the process, gather the necessary evidence, and ensure that all legal requirements are met.

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  • Preview Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School
  • Preview Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School
  • Preview Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School

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FAQ

In Texas, the non-payment of child support can transition from a civil issue to a significant legal problem, potentially resulting in a state jail felony charge. This generally occurs when the outstanding amount is equivalent to or exceeds a full year's worth of payments.

Child support orders can be modified through a court hearing or through the CSRP (child support review process). The CSRP is typically faster than scheduling a court hearing and it works best when both parents can agree on the order.

Consider Filling Out a Request for Review Form. The former spouse or girlfriend is the only person who can forgive the missing child support payments. She can do so for just a part of what's owed or for the whole amount.

If you've never filed for child support before, Texas law stipulates that you may be able to file for retroactive child support back to the date the parents separated. However, the general rule we see judges follow is going back four years.

Owes overdue child support in an amount equal to or greater than the total support due for three months, has been provided with an opportunity to make payments toward the overdue child support under a court ordered or agreed repayment schedule, fails to comply with the repayment schedule.

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.

Either parent may file to modify an existing order. If the current order names any other person as a party, they may also file a motion to modify. The Texas Attorney General Child Support Division can file to modify child support.

Have an arrest warrant issued. Owe $5,000 or more in child support. Be at least six months behind in payments.

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Step 1: Fill out your court forms. Fill out the following starting forms: ○ Petition to Modify the Parent-Child Relationship. This form (called the Petition) ... Oct 4, 2023 — This guide tells you how to modify an existing custody, visitation, child support, and medical/dental support order.Aug 19, 2021 — If you want to amend divorce decree provisions down the road, you can file a motion to modify divorce decree under certain circumstances. Jun 17, 2013 — Fill out the Original Petition for Divorce and sign it. ... use a method allowed under Texas Rule of Civil Procedure 21a, the Amended (changed) ... All parties have the same right to contest the decision and request another review. • You may file a Motion to Modify your support obligation with the court. The first step is to file a petition for divorce with the district clerk in the county where you or your spouse have lived for more than 90 days. Once the ... To modify an existing child custody order in Texas, one must file a modification case. If the child's interests are no longer being served by the child ... (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or ... It clarifies UCCJA provisions that have received conflicting interpretations in courts across the coun- try, codifies practices that have effective- ly reduced ... On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord ...

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Texas Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School