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Joint managing Conservators
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?
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
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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?.
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:
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%.
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?
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