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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32798
Experience:  16 yrs. of experience including family law.
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When I was divorced we agreed to no child support because my

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When I was divorced we agreed to no child support because my name was on the truck note that he had and he would not be able to make both payments, plus at this time he could not aford it. It has been 2 1/2 years and now the truck is paid off and he can now afford to pay child support. Can I get a modification of child support since the original order was for no child support?
Submitted: 6 years ago.
Category: Family Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist. Was the requirement to pay the note for the truck part of the divorce order as well?
Customer: replied 6 years ago.
No, I did a self divorce with no child support order. Can I automatically request a modification at 3 years without change
Expert:  P. Simmons replied 6 years ago.
No. To request a modification, you need a "substantial and material change" in circumstances to either of your finances...if you can show this change (a raise for him and/or pay cut for you), then the court will re-calculate support. But if not, the court will not entertain this request.

In TX, a 20% change is considered "substantial and material change" may possible to get a modification with less...but more difficult.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Customer: replied 6 years ago.
I thought at three years you could automatically request a change plus my oldest is going to be 16 not 13 and it is more expensive to take care of them. Then only change is that I have had a 10% decrease in pay
Expert:  P. Simmons replied 6 years ago.
You can request...but typically the court will not approve unless there is a "substantial and material change" SO, a change in residence, age, medical condition, employment, criminal history or the relationship between the parents making the current orders unworkable can be found by the court to be a material and substantial change.

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