August 01, 2012 (Press-News.org) When Texas children do not reside with both parents -- either because of a divorce or because the parents were never married -- either parent can go to court to request an order for child support or child custody (also called conservatorship).
Many parents mistakenly believe that these orders are set in stone. This is not true. Although the bar can sometimes be high, both child support and child custody orders can be changed.
Child Support Modification
Under Texas law, a parent's child support obligations can be modified under one of two circumstances. The first is when it has been at least three years since the support order was entered and the monthly child support payment varies by at least $100 or 20 percent from what would be ordered under the child support guidelines.
The second is when there has been a "material and substantial change in circumstances" since the monthly support amount was set.
Judges will look at all the factors in a case to determine whether there has been a material and substantial change. However, the following four scenarios are the most common grounds for ordering child support modification:
- The noncustodial parent has seen a significant change in income
- The noncustodial parent has become legally responsible to support additional children
- Medical insurance coverage for the children has changed
- The children have different living arrangements
An order for joint custody, in and of itself, is not enough to change a parent's child support obligation.
Child Custody / Conservatorship Modification
The process for modifying child custody varies depending on the length of time since the most recent custody arrangement was ordered.
If less than one year has passed, the court will modify a conservatorship order only if the parent with managing conservatorship voluntarily relinquishes custody, or if there is evidence to prove that the current living situation is putting the child's physical health or emotional development at risk.
It is much easier to modify conservatorship orders that are more than one year old. In those cases, changes may be made so long as modification is in the best interests of the child and at least one party's circumstances have materially and substantially changed since the initial order was entered.
Judges will also consider children's requests to change conservatorship arrangements, so long as the child is at least 12 year old and the new arrangement is in the child's best interest.
Consult With a Lawyer
Even when strong legal grounds for modification of child support or conservatorship exist, the process can be tricky if the other parent objects to the change. If you are seeking a post-decree modification of a child support or custody order, don't make the mistake of trying to handle things on your own. Work with an experienced family law attorney who can help make sure you and your children are protected.
Article provided by Kerr & Hendershot, P.C.
Visit us at www.k-hpc.com
Modifying Child Support and Child Custody Orders in Texas
How can you modify child support and child custody in Texas? Are divorce orders set in stone? Learn more from the divorce attorneys at Kerr & Hendershot, P.C.
2012-08-01
ELSE PRESS RELEASES FROM THIS DATE:
New Jersey Legislature Considering Marijuana Decriminalization
2012-08-01
In recent years, marijuana has started to gain a reputation as a "soft drug" that is less dangerous to society than harder drugs like heroin, cocaine or methamphetamine. However, changes in public opinion do not necessarily translate into changes in the law. In New Jersey, possession of even small amounts of marijuana is still considered a serious drug crime.
Under current law, possession of 50 grams or less of marijuana is a disorderly person offense punishable by up to six months of incarceration and a maximum fine of $1,000. The sale of any amount of marijuana ...
Pennsylvania Texting While Driving Ban Goes Into Effect
2012-08-01
A state law that prohibits texting while driving, which was passed by the legislature last fall, recently went into effect -- making Pennsylvania the 35th state to put a ban on this form of distracted driving.
Under the new law, texting while driving is considered a primary offense -- meaning that drivers can be pulled over if caught texting, even if they're not committing any other moving violations at the time. Those who are caught breaking this law will face fines of around $135.
According to PennDOT, the new law applies to texts that are sent from any Interactive ...
New Override System to Reduce Consequences of Unintended Acceleration
2012-08-01
The National Highway Traffic Safety Administration (NHTSA) has proposed a brake throttle override (BTO) requirement for all vehicles to help drivers stop runaway cars and avoid serious accidents.
The NHTSA's decision rides on the heels of the recent issue with unintended acceleration in Toyota vehicles. It would require all vehicles that weigh 10,000 pounds or less with electronic throttle control to come equipped with a BTO system. Toyota started to install these systems in 2009 after its sticky accelerator pedal debacle. Other manufacturers, like Nissan, General Motors ...
Joint Credit Presents Challenges for Married Couples
2012-08-01
All that most New Jersey couples need to become legally joined in life is a marriage certificate and a ceremony. If they are lucky, they also receive a few bonuses, such as cake, music and a nice meal. Becoming legally joined in debt is even easier. All a married couple needs to do is sign on a dotted line.
It is essential for married couples to educate themselves on the world of joint credit. They should learn who is responsible for payment and how joint debt affects credit scores. It is also important to learn how potential lenders view joint debt.
There are many ...
Record Settlement in Pennsylvania Wrongful Death Suit for Semi Accident
2012-08-01
A horrific motor vehicle accident between a large commercial truck and a 2004 Toyota Matrix that resulted in a Pennsylvania wrongful death lawsuit was settled in June 2012. According to The Pennsylvania Record, the Gettysburg family and the defendants settled in Sneeringer v. GLC Transportation for $26.1 million, an amount that may be the biggest personal injury settlement in Pennsylvania history.
The details of the truck accident reveal the reasons for the multi-million dollar settlement. In June 2011, Kathryn Sneeringer was driving her car on Interstate 80 in the early ...
Jerry Sandusky Sex Abuse Verdict: An End to the Scandal at Penn State?
2012-08-01
In contemporary America, allegations of child molestation involving a prominent defendant or high-profile institution can easily lead to a trial by media. After months of media frenzy, the Jerry Sandusky sex crimes trial finally played out in a Centre County courtroom in Bellefonte, Pennsylvania. Few if any TV talking heads who had dissected the case scandal last fall were surprised by the verdict.
A jury found Sandusky guilty on 45 counts of sexual abuse involving ten young boys, all of whom he had befriended due to his work with a disadvantaged children's charity. ...
Ladder Falls: The Source of Too Many Construction Accidents and Deaths
2012-08-01
Many people may assume that tougher safety regulations and new safety technologies have made construction accidents an issue of the past. However, construction accidents are unfortunately a common occurrence, and more construction workers die from falls than from any other construction-related injury. In fact, falls account for one-third of work-related deaths suffered by construction workers.
Construction falls may occur from roofs, scaffolding, ladders or other structures. Last year, there were more than 570 construction deaths and 180 of those construction deaths ...
Aurora Theater Shooting Prompts Increase in Gun Sales
2012-08-01
As the country continues to deal with the tragic movie theater shooting that left 12 dead and 58 injured, the debate surrounding gun control laws intensifies. Some believe this incident is merely more proof that gun control laws should tighten up and become stricter.
Conversely - and also not surprising - is the fact that background checks for those wishing to buy guns have spiked more than 41 percent in Colorado since the morning of the shooting - thus creating a situation in which lawmakers must walk the tightrope between keeping guns off the street but at the same ...
Veterans' Hospitals Pioneering New Traumatic Brain Injury Treatments
2012-08-01
Despite the heavy fighting that has gone on in Iraq and Afghanistan over the past decade, casualty rates have not been as high as they were in previous wars. Much of this can be attributed to advances in medical technology that enable soldiers to survive injuries that previously would have been fatal.
The flip side of this coin, however, brings its own complications. Veterans are now returning home with life-long injuries that doctors must figure out how to treat. Chief among them are traumatic brain injuries, which many veterans sustain after suffering a blow to the ...
Car Accidents: What to Do Right After a Crash
2012-08-01
Since nearly all of us will be in a car accident during our lives, it's important to decide ahead of time what should be done to minimize everyone's injuries while still fully obeying the law. Far too many people panic because they're frightened by what's just happened or because they're afraid that the car accident will be blamed upon them. Instead, everyone needs to remain as calm as possible, keeping safety first in their thoughts.
The following list of tips can help all of us stay properly focused as we seek out the help that's often needed right after a collision ...
LAST 30 PRESS RELEASES:
An eye-opening year of extreme weather and climate
Scientists engineer substrates hostile to bacteria but friendly to cells
New tablet shows promise for the control and elimination of intestinal worms
Project to redesign clinical trials for neurologic conditions for underserved populations funded with $2.9M grant to UTHealth Houston
Depression – discovering faster which treatment will work best for which individual
Breakthrough study reveals unexpected cause of winter ozone pollution
nTIDE January 2025 Jobs Report: Encouraging signs in disability employment: A slow but positive trajectory
Generative AI: Uncovering its environmental and social costs
Lower access to air conditioning may increase need for emergency care for wildfire smoke exposure
Dangerous bacterial biofilms have a natural enemy
Food study launched examining bone health of women 60 years and older
CDC awards $1.25M to engineers retooling mine production and safety
Using AI to uncover hospital patients’ long COVID care needs
$1.9M NIH grant will allow researchers to explore how copper kills bacteria
New fossil discovery sheds light on the early evolution of animal nervous systems
A battle of rafts: How molecular dynamics in CAR T cells explain their cancer-killing behavior
Study shows how plant roots access deeper soils in search of water
Study reveals cost differences between Medicare Advantage and traditional Medicare patients in cancer drugs
‘What is that?’ UCalgary scientists explain white patch that appears near northern lights
How many children use Tik Tok against the rules? Most, study finds
Scientists find out why aphasia patients lose the ability to talk about the past and future
Tickling the nerves: Why crime content is popular
Intelligent fight: AI enhances cervical cancer detection
Breakthrough study reveals the secrets behind cordierite’s anomalous thermal expansion
Patient-reported influence of sociopolitical issues on post-Dobbs vasectomy decisions
Radon exposure and gestational diabetes
EMBARGOED UNTIL 1600 GMT, FRIDAY 10 JANUARY 2025: Northumbria space physicist honoured by Royal Astronomical Society
Medicare rules may reduce prescription steering
Red light linked to lowered risk of blood clots
Menarini Group and Insilico Medicine enter a second exclusive global license agreement for an AI discovered preclinical asset targeting high unmet needs in oncology
[Press-News.org] Modifying Child Support and Child Custody Orders in TexasHow can you modify child support and child custody in Texas? Are divorce orders set in stone? Learn more from the divorce attorneys at Kerr & Hendershot, P.C.