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

State:
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County:
Tarrant
Control #:
US-00800BG
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Description

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.

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FAQ

No, there are no automatic increases for future child support obligations. Texas family law courts, and the Texas Attorney General, cannot order automatic increases for future child support payments.

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.

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.

One of the most common questions we are asked regarding child support modification in Texas is, When can you modify a child support order in Texas? Child support in Texas can be modified either every three years or when there has been a material and substantial change in circumstances.

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

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.

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.

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.

To lower your child support in Texas, you must get the prior order modified. Child support orders are modifiable through a court hearing or through the CSRP (child support review process). The CSRP is typically faster than a court hearing and is preferable where both parents agree to get the child support reduced.

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