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, to apply the new state's guidelines, you must create the custody agreement there. Once a divorce decree is issued, the court retains jurisdiction to modify its order. A modification can be granted if both parties consent or if there is a significant change in circumstances. While child custody and support can be modified, property division is final and not modifiable.
A significant change in circumstances may include a substantial change in income or contributions to expenses due to cohabitation or remarriage. However, simply relocating to another state with different support guidelines is not considered a significant change in circumstances.
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.