Divorce Lawyers Dallas - Modification Of Child Support
MODIFICATION OF CHILD SUPPORT
§ 156.401. GROUNDS FOR MODIFICATION OF CHILD
SUPPORT. (a) Except as provided by Subsection (a-1) or (b), the
court may modify an order that provides for the support of a child
if:
(1) the circumstances of the child or a person
affected by the order have materially and substantially changed
since the earlier of:
(A) the date of the order's rendition; or
(B) the date of the signing of a mediated or
collaborative law settlement agreement on which the order is based;
or
(2) it has been three years since the order was
rendered or last modified and the monthly amount of the child
support award under the order differs by either 20 percent or $100
from the amount that would be awarded in accordance with the child
support guidelines.
(a-1) If the parties agree to an order under which the
amount of child support differs from the amount that would be
awarded in accordance with the child support guidelines, the court
may modify the order only if the circumstances of the child or a
person affected by the order have materially and substantially
changed since the date of the order's rendition.
(b) A support order may be modified only as to obligations
accruing after the earlier of:
(1) the date of service of citation; or
(2) an appearance in the suit to modify.
(c) An order of joint conservatorship, in and of itself,
does not constitute grounds for modifying a support order.
(d) Release of a child support obligor from incarceration is
a material and substantial change in circumstances for purposes of
this section if the obligor's child support obligation was abated,
reduced, or suspended during the period of the obligor's
incarceration.
§ 156.402. EFFECT OF GUIDELINES. (a) The court may
consider the child support guidelines for single and multiple
families under Chapter 154 to determine whether there has been a
material or substantial change of circumstances under this chapter
that warrants a modification of an existing child support order if
the modification is in the best interest of the child.
(b) If the amount of support contained in the order does not
substantially conform with the guidelines for single and multiple
families under Chapter 154, the court may modify the order to
substantially conform with the guidelines if the modification is in
the best interest of the child. A court may consider other relevant
evidence in addition to the factors listed in the guidelines.
§ 156.403. VOLUNTARY ADDITIONAL SUPPORT. A history of
support voluntarily provided in excess of the court order does not
constitute cause to increase the amount of an existing child
support order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 156.404. NET RESOURCES OF NEW SPOUSE. (a) The court may
not add any portion of the net resources of a new spouse to the net
resources of an obligor or obligee in order to calculate the amount
of child support to be ordered in a suit for modification.
(b) The court may not subtract the needs of a new spouse, or
of a dependent of a new spouse, from the net resources of the
obligor or obligee in a suit for modification.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 156.405. CHANGE IN LIFESTYLE. An increase in the
needs, standard of living, or lifestyle of the obligee since the
rendition of the existing order does not warrant an increase in the
obligor's child support obligation.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 156.406. USE OF GUIDELINES FOR CHILDREN IN MORE THAN ONE
HOUSEHOLD. In applying the child support guidelines in a suit
under this subchapter, if the obligor has the duty to support
children in more than one household, the court shall apply the
percentage guidelines for multiple families under Chapter 154.
§ 156.407. ASSIGNMENT OF CHILD SUPPORT RIGHT. A notice
of assignment filed under Chapter 231 does not constitute a
modification of an order to pay child support.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 156.408. MODIFICATION OF SUPPORT ORDER RENDERED BY
ANOTHER STATE. (a) Unless both parties and the child reside in
this state, a court of this state may modify an order of child
support rendered by an appropriate tribunal of another state only
as provided by Chapter 159.
(b) If both parties and the child reside in this state, a
court of this state may modify an order of child support rendered by
an appropriate tribunal of another state after registration of the
order as provided by Chapter 159.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 1023, § 13, eff. Sept. 1,
2001.
§ 156.409. CHANGE IN PHYSICAL POSSESSION. (a) If the
sole managing conservator of a child or the joint managing
conservator who has the exclusive right to determine the primary
residence of the child has voluntarily relinquished the primary
care and possession of the child to another person for at least six
months, the court shall, on the motion of a party or the other
person having physical possession of the child, modify an order
providing for the support of the child to provide that the other
person having physical possession of the child shall have the right
to receive and give receipt for payments of support for the child
and to hold or disburse money for the benefit of the child.
(b) Notice of a motion for modification under this section
may be served in the manner for serving a notice under Section
157.065.
§ 156.410. CHANGE IN CIRCUMSTANCES RESULTING FROM
MILITARY SERVICE. (a) For purposes of Section 156.401, the fact
that an obligor has been called into active military service in any
branch of the United States armed forces is a material and
substantial change in circumstances if that active military
service:
(1) is for at least 30 consecutive days; and
(2) results in a decrease in the obligor's net
resources during the period of service.
(b) A motion for modification under Subsection (a) must be
accompanied by the affidavit of the obligor's commanding officer
that states:
(1) the date on which the obligor's active military
service begins and the date on which that service is expected to
end; and
(2) the obligor's anticipated monthly gross income
from active military service.
(c) Return of the obligor from the active military service
described by Subsection (a) is a material and substantial change in
circumstances for purposes of Section 156.401 for which an obligee
may file a motion for modification of a child support order if the
court previously modified the order on the grounds described by
Subsection (a).
Added by Acts 2003, 78th Leg., ch. 452, § 1, eff. June 20, 2003.
Amended by Acts 2005, 79th Leg., ch. 916, § 20, eff. June 18,
2005.
