Full question:
I have a pending agreed order for child support in the state of texas with an amount slightly above guidelines. I'll be relocating within a month and the new state has different guidelines based on non-custodial parent's income. Will I be able to modify the order after meeting jurisdictional requirements to the new state's guidelines? Neither myself or the other party has any ties to the current state. I would appreciate the response to be as detailed as possible. Thank you.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Texas
Answer:
No, if you wish to have the new state's guidelines applied, you will need to create the custody agreement in that state. When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody and suport may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, or contribution to expenses by another due to cohabitation or remarriage. Relocation to another state with different support guidelines isn't considered in itself a significant change of circumstance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
