How do I request that the court re-evaluate the order for child support since it has been 5 years?

02/01/2007 - Category:Divorce - Child Support - State: TX #1280

Full Question:

I need a form that would request to see how much my ex-husband is making. I feel he is making quite a bit more than he was 5 years ago when the child support was set. How can I legally find out?

Answer:

When minor children are involved, the "final" decree is intended to be "final", but often needs to be modified prior to the children reaching majority. The terms that relate to the children can be modified if there is a "substantial change in circumstances" that requires modification. The terms that can be modified include, custody, terms of possession, child support and domicile restrictions. To request a modification of child support up or down, the change in the amount of support must be 20% or $100 per month. Since such a modification is under the supervision of the court, discovery may be instituted. Discovery pleadings generally consist of the following:

1. Requests for Production of Documents: These are written requests served on the opposing party’s attorney requesting that documents relevant to the case be produced for inspection and copying.
2. Requests for Admission: These are requests from one party to another to admit facts that are not in dispute so that the evidence produced at trial will basically include matters that are in dispute. Honest and complete responses can shorten the trial.
3. Depositions: These are statements of the parties or potential witnesses taken under oath by a court reporter. Depositions are usually taken by a private court reporter (i.e., one not employed by a court) in the office of one of the lawyers. Depositions are used to pin down the testimony of witnesses and to find out what witnesses are going to say at trial.


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02/01/2007 - Category: Child Support - State: TX #1280

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