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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I have been divirced for two years, since my divorce I have

Customer Question

I have been divirced for two years, since my divorce I have had my child everyday with the exception of 1 to 2 days a week. I have had my child every weekend and holidays. Can I modify my divorce deree and child sopport?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Are you the custodial parent or non-custodial parent?

Thanks
Customer: replied 1 year ago.

Joint managing Conservators

Expert:  xavierjd replied 1 year ago.
Hi,

I want to look up a few things. I will be back with you asap with an answer.

Thanks for your patience.
Customer: replied 1 year ago.

The year we filed for divorce, I was making alot of overtime that year, I volunteered for this so I can save money to buy a house within two years which would be in my daughters best interest. I accomplished this goal but on the same token it set a guideline for my child support. they based it on my YTD at the time. I have since made 15,000 dollars less the following year. Her mother works nights and weekends, the only time she gets her is on her days off. I also know for a fact that there are some days she is off but does not come to pick her up. I have no problem wth keeping my child, but can I adjust my divorce decree by changing some of the verbage and child support after two years?

Expert:  xavierjd replied 1 year ago.
Hi,

The answer to your question is "yes." You can file a Motion to Modify Divorce Decree.

In any suit to modify a divorce decree the court will require the person who brings the suit to prove certain facts. If the moving party cannot do this, the court will order that the divorce decree not change. Suits asking to change various parts of the decree require the moving party to prove different elements, but all elements must be proved by credible evidence presented through witnesses and documents. For the most part, affidavits are not accepted by a court as evidence.

A suit to modify a prior order will require the Moving party to prove different elements depending on the part of the divorce decree he or she is trying to change. The elements a Moving party will be required to prove in the most frequently-sought modifications are listed below.

 

A motion to change the terms and conditions of visitation can occur within a Joint Managing Conservatorship or a Sole Managing Conservatorship. To win such a modification, the Moving party must prove the following:

 

1) the circumstances of one or both of the parents or the children have materially and substantially changed since the rendition of the prior order; or

2) the order or portion of the decree to be modified has become unworkable or inappropriate under existing circumstances.

A change in the terms and conditions of visitation will usually revise the schedule of time a child spends with each parent. In some unusual circumstances, however, such a modification could deal only with non-schedule issues such as requiring a parent's time with a child to be supervised.

 

Regarding child support, the moving party must only show that the circumstances of one or both of the parents or the child have materially and substantially changed since the prior order to change the amount of child support.

 

The above information comes from the following link to an article written by an attorney's office. I am NOT making a referral. The information contained in the article is very educational. The Moving party must only show that the circumstances of one or both of the parents or the child have materially and substantially changed since the prior order to change the amount of child support. http://www.familylitigation.com/Articles/Information-About-Modifying-Your-Divorce-Decree.shtml

 

In conclusion, given the facts that you posted, you may be able to get a modification of your divorce decree.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.


Thanks, XXXXX XXXXX will I need to ask the court to modify? I am sure that she will not agree at mediation and this will have to be taken back to court. I have documented every day on calender that I have had her.(For example she has had her only 11 days so far this year) What proof will I need to ask for reducing child support and is a 15,000 dollar difefrence from one year to the next adequate time to ask?.

Expert:  xavierjd replied 1 year ago.
Hi,

The fact that you have documented every day that you have had your child is PERFECT. You can also present witnesses who can testify that the child has been in your care and custody on a daily basis (except for the few days that she has taken her). You can also make the allegations in your Motion to Modify that she works nights and weekends, but doesn't see her during the days or on most of her days off. It will then be up to your ex to prove otherwise.

The courts have identified several events that amount to a material and substantial change. Marriage to another person can be a material and substantial change. 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.

In your case, you can allege that the relationship between you and your ex is making the current orders unworkable. You can go into detail in your Motion as to why the current orders are unworkable.

Regarding child support, below is a link to the statute that the court follows when making a decision to modify support.

http://law.onecle.com/texas/family/156.401.00.html


The Texas Legislature has established a schedule for the courts to use is setting up child support obligations. If your net monthly income exceeds $6,000.00, the court will look at several factors to determine the child support obligation of the non-custodial parent. If your net monthly income is under $6,000, the court will set your support obligation as follows:

  • For one child, 20% of your net monthly income;
  • For two children, 25% of your net monthly income;
  • For three children, 30% of your net monthly income;
  • For four children, 35% of your net monthly income;
  • For five children, 40% of your net monthly income.

 

The court can change or modify the current child support order if the circumstances of the child or a person affected by the order have materially and substantially changed. The order can also be changed if it has been in effect for over three years and applying the above guidelines would increase or decrease the support obligation by $100 or 20%.


You may wish to contact an attorney who specializes in family law. Sometimes, an initial consultation is at a minimal cost. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. Below is a link to the Texas Bar Association attorney referral page.

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/DoYouNeedaLawyer/Certified_Lawyer_Referral_Services/default.htm


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Yes sir, I will give you a positive rating but, if you may, one more question, actually I have a few but if you could answer this last question, How would I go about picking a competent lawyer who specializes in family law/modification/child support. I had a bad expereiance with my divorce attorney and do not want to make the same mistake again. Any advice?

Expert:  xavierjd replied 1 year ago.
My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state.

If you need any more information, please do not hesitate to ask. Thank you for your businessour business!

xavierjd
Expert:  xavierjd replied 1 year ago.
Hi,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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xavierjd
xavierjd
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20 yrs exp. in divorce, custody, visitation & support .