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Rockwall Child Support Modification

What is the law on increasing child support?

A final child support order in a Rockwall family case can bring a sense of certainty to each parties financial future. The party paying child support knows how much he must budget for his children, and the party receiving support knows how much to expect each month.

It is not uncommon for the party receiving support to seek an increase in child support. Here is a summary of the law on child support modifications.

A trial court may modify a prior child support order if “the circumstances of the child or a person affected by the order have materially and substantially changed” since the date of the prior order’s rendition. TEX. FAM. CODE ANN. § 156.401(a)(1) (West Supp. 2012). In determining whether there has been a material and substantial change in circumstances, it is well-settled that the trial court must examine and compare the circumstances of the parents and any minor children at the time of the order to be modified with the circumstances existing at the time modification is sought. See In re C.C.J., 244 S.W.3d 911, 917 (Tex. App.—Dallas 2008, no pet.).

As a result, in order for the trial court to have sufficient evidence upon which to exercise its discretion, the record must contain both historical and current evidence of the relevant financial circumstances. Id. Without both sets of data, the court does not have any evidence to compare and cannot determine whether a material and substantial change has occurred. Id. at 918. The movant has the burden to show the requisite material and substantial change in circumstances since the entry of the previous order. Id.

Guest and Gray Law Firm is the highest rated family law firm in Kaufman and Rockwall County. Guest and Gray Law Firm has a full service family law team with decades of child support experience. If you are in need of a child support modification, or if you are being faced with a possible increase in your child support payment call the Rockwall Child Support lawyers at Guest and Gray Law Firm. We have helped many clients deal with difficult child support issues and we can help you. Consultations are always free and confidential.

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