My ex and I have a joint-custody order that was put in place a year ago by a judge. Now, she is saying she wants more money.
Can she modify child support after just one year?
In order to proceed, your ex-wife will need to file a suit to modify an existing order.
Under Texas law, an order regarding the child support of a child may be modified upon showing of a “material and substantial” change of circumstances of either one of the parents, the child or both since the signing of your final decree of divorce, as well as proof that the the modification would be in that child’s best interest.
While the courts have not specifically given a definition of “material and substantial,” they have ruled that a change in the health of the parent or child, a job change or even a move could qualify as a change of circumstance that would allow a parent to modify an order for child support.
Even an agreed-upon order can be modified by the court. However, the courts typically would prefer that more time has elapsed since the last order was signed before the suit to modify that order be initiated by a parent.
Without knowing any more about your particular situation, it sounds to me like there may be more facts regarding this case that need to be shared with an attorney licensed to practice family law in your area.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in our state and how they impact your potential case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”