Question:

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?

Answer:

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.