Child support is one of the most heavily litigated issues in all of family law. To increase or decrease payments there are specific requirements that must be met to modify a previous child support order. Per Tex. Fam. Code § 156.401 the requirements necessary to modify a prior child support order are:
- The circumstances of the child or an affected party have materially and substantially changed; or
- Three years have elapsed since the order was entered or last modified, and the amount of child support differs from the statutory guidelines by either 20% or $100.00.
The second requirement is self-explanatory. The three-year limitation to file for another modification is for the benefits of the Courts. If there was no three-year waiting period to refill, then every conservator would constantly attempt to modify child support, thus creating endless litigation for clogging the Courts’ dockets.
The first requirement needs more explanation. A Material and Substantial change in the circumstances of the child or an affected party must be clearly shown at trial. Many Courts are meticulous in making the determination of what a Material and Substantial change is regarding the child and the affected party to insure this requirement is not abused for excessive litigation.
To prove a Substantial and Material change in circumstances, a conservator must show evidence at the final hearing of:
- The financial needs/expenses at the time of the divorce or prior modification for the children and the person affected, and;
- The financial needs/expenses at the time of the request for the modification.
If evidence of financial needs/expenses are not submitted and proved regarding both (1) the prior divorce/modification and (2) the recent modification, then no Substantial and Material change can be adequately proved. Further, if the request for modification of child support is predicated solely on one conservator’s increase in earning capacity, absent other compelling evidence, the change in circumstances is not Substantial and Material. Interest of L.R., 416 S.W.3d 675, (Tex. App.—Houston [14 Dist.] 2013, pet. denied.)
If one conservator decides to file a modification of child support within three years just because the other conservative received a better job, it may be dismissed. At the end of the day a Court has broad discretion on determining what is Substantial and Material and may allow the case to be heard and give an unfavourable ruling, but if that occurs you will have the ability to appeal the judgment and request attorney’s fees. It is important to know in any family law case the Judge has extremely broad discretion and interprets case law in a way that he deems fit using the Best Interest Test.
If you are a conservator that meet these requirements above and wish to increase or decrease the child support obligation, be sure to hire an experienced attorney. Nacol Law Firm will always fight for you and your children’s best interest.
Julian Nacol, Attorney
Nacol Law Firm, PC
Call (972) 690-3333
Divorce can be frustrating, confusing, and resentful. Divorce is never a pleasant experience even in the most amicable terms. It is important to know what you are in for when a divorce is filed. An original petition will be filed, and your spouse must be served with a process server.
After service of the original petition, the Petitioner may file for a Temporary Restraining Order (“TRO”) to protect the child and marital estate. Once a TRO is granted by the District Judge, a temporary order hearing will be set within 14 days. This temporary order hearing is extremely important and will determine the direction of the case.
Temporary Order hearings are usually condensed to 20 minutes a side depending on the complexities of the case. Within this 20 minutes, you will have to put on evidence for your entire case regarding custody of the children, management of the marital estate, and any other considerations such as receivership of a business.
After the temporary orders hearing, the case will dive into full throttle litigation. Discovery on both sides is usually conducted including interrogatories, admissions, and production of documentations. The documents that are usually requested consists of bank statements, retirement pensions, social media pages, text messages, and emails. Each case requires specific Discovery requests that are narrowly tailored to the facts presented. Discovery can last months and usually follow with motions to compel and sanctions. In highly contested cases the rigors of discovery and compiling documentation can be brutal.
During the Discovery phase, Depositions may be warranted. Depositions consists of your attorney questioning your spouse and any other witnesses that are relevant to the case for impeachment purposes. Depositions are necessary if the case will go to a jury, because impeachment of your spouse is a necessity to prove your truthfulness.
Mediation is, more often than not, mandatory in Courts, but this is the general rule. Certain Courts in the Dallas, Fort Worth, and Collin county do not require mandatory mediation. Each Court has its own rules of procedure and requirements. If the Mediation fails to produce a settlement between you and your spouse, then the only thing left is trial.
Depending on the complexities of the case and assets, a trial can last half a day or be a three-day trial. Most trials are before the District Judge. Certain facts may give rise to a jury trial but a jury trial is more costly and can take up more time. After the trial is complete the parties will have to wait for a ruling. This can take days to months depending on the case and jurisdiction.
When the final ruling is given to all parties, the Judge will charge one party to create a final order that will be submitted to the Court. This can give rise to more litigation depending on the interpretation of the Judge’s rulings by both parties. Finally, when both parties agree to a final order or the Judge determines which version of the final order is proper, then the case will be over.
Divorce can be a painful process that lasts 6 months to three years depending on the circumstances and the nature of the parties involved. If you are about to file for a Divorce in the DFW metroplex call Nacol Law Firm so that you have an experienced family law attorney to represent your interests throughout the process.
Dallas Fathers Rights Divorce Attorney
Nacol Law Firm PC
What is a narcissist? Narcissistic Personality Disorder or ‘NPD” is a mental disorder where the person has very inflated self-esteem issue and a serious need for admiration and special treatment from other people. Typical arrogant behavior and lack of empathy for other people causes many problems in all emotional areas of their lives and relationships.
Narcissists are also very aggressive and usually have impulsive tendencies, dangerous lifestyles involving cockiness, selfishness, manipulation and power motives. These individuals are usually very exciting personalities at first meeting, but later cause unfulfilling relationships resulting in anxiety and depression at the end of the day.
You have met the “most exciting” person in the world who has self-esteem problems and can’t get along with anyone, including you! The big problem is that you married this person and now you MUST FIND A SOLUTION TO THIS SITUATION AND GET A DIVORCE!
The marriage adventure is over. Your married life to your narcissist was a total disaster and you know that you need to get a divorce. Are you frightened that you could very well lose everything in this divorce from hell since you may lack the manipulating skills that your narcissist spouse skillfully uses on all aspects of his/her manipulative lifestyle?
Before you start the Divorce battle with your narcissist, you must “Stop Feeling and Start Thinking”! You have been emotionally battered and mutilated for years by this spouse, but now is the time to take over your life and your children’s lives and decide that Your family DOES NOT AND WILL NOT TAKE THIS ABUSE ANYMORE FROM YOUR SPOUSE!
Here are some tips on planning your exit from this marriage and Win control of your life and your family lives.
- BE PREPARED! If you are thinking of going through with this divorce, start your preparations now! You need total knowledge of your family’s financial situation. On our website you can pull off a blog “Texas Divorce Financial Checklist” (http://www.divorcedallastx.com/texas-divorce-financial-checklist/) which will give you a guideline on your financial information needed. Update this information immediately. Know who makes what and where all monies and assets are located. All banking and account information should be update for correct account numbers and balances. This will help you determine how much money you will need to live on and what you can plan on your part of the assets. This will also give you an idea on what funds you can use to hire a competent attorney to help you get through the divorce.
- RESEARCH PRIORITY ISSUES! Educate yourself on divorce issues, such as child custody and visitation, who gets the house, property separation, spousal maintenance and child support in your state. Prioritize what is important to you and prepare questions to ask an attorney on what your expectations should be. All or nothing does not work. Set Reasonable goals.
- START INTERVIEWING ATTORNEYS to find a good match to help you through this complicated divorce. Look for an attorney who deals with difficult family law cases concerning emotional/domestic abuse, high conflict individuals, or contested child custody. Even if you are served divorce papers, take your time finding an experienced attorney who will be your advocate in the divorce. DO NOT HIRE A NARCISSIST ATTORNEY! This would be a disaster!
- Help Plan your Divorce Game plan! No one knows your Narcissist spouse or family situation better than you. What arguments/facts will they come up with to hurt your position? Discuss your entire situation with you attorney and work together on your divorce approach. Your attorney will help you determine your final goals through experience from his previous experience in such matters.
- STAY REASONABLE AND TRY TO KEEP EMOTIONS STEADY! Don’t let your narcissist spouse turn you into a narcissist! You cannot win this way! Think logical, use true facts, and don’t go overboard financially battling with him/her. If this gets settled, goes to mediation, or ever a jury trial, it will be over and you will greatly improve your life.
You married a Narcissist and now you are divorcing him/her. You must be prepared knowing that your spouse will now be able to participate in the greatest show of their lives, “THE DIVORCE”. Your spouse will try to show what a horrible, ungrateful, unworthy person/parent you are and how badly you hurt your innocent victim/martyr spouse.
Irrelevant are your feelings and emotions. By thinking and planning your divorce strategy with a qualified attorney you will be prepared for battle and to live your life as you choose.
Remember the focal point of his/her narcissistic behavior is the fear of abandonment and threat to his/her self-worth. Be well-prepared for the battle ahead. The key is to not respond emotionally and let it drain you. Observe their behavior as a disorder, and don’t absorb it as a literal or personal attack on you.
If you mitigate for his/her drawn-out narcissistic rage and know that he/she may attempt to destroy you, you will less likely feel bullied or defeated. Be forewarned, you will be less victimized by something you expect.
In 2014, The United States at 53%, had the 10th highest divorce rate in the world! According to the Forest Institute of Professional Psychology: 50% of first marriages, 67% of second marriages and 74% of third marriages end in Divorce in the United States.
Marriages do not break up overnight. There is not one incident or one party that ends a marriage. Your emotional break up usually extends over several years with the marriage parties continually at different stages in the emotional process.
Just remember,” no marriage is totally bad nor totally good!” Do not go fault finding! Both partners stay in a marriage for a longer period of time because there are good things about it. Now the couple is divorcing because the “bad” things make the marriage not work anymore.
A new divorce survey by Slater and Gordon Law Firm (survey of 1000 divorced people) recently came out with some very interesting results:
- The average person will spend about 2 years thinking about a divorce before they file.
- During this time the average person spends 18 months really trying to fix their marriage and working to save it.
- 76% try to fix their marriage problems before deciding on a divorce
- 53% discuss divorce with someone besides their spouse before filing
- 36% spoke with an attorney before deciding on a divorce
What are the emotional stages a couple will experience leading up to a divorce?
1. Disillusionment of one / two marriage partners ( not verbalized to other partner)
- Continued, ongoing feelings of discontent, pent up resentments and breach of trust
- Emotional feelings of anxiety, anger, denial, depression ,fear, grief, guilt ,and love
- Real problem but unacknowledged
- Developing greater distance, lack of mutuality, and increase in arguments
- Consideration of pros and cons of possible divorce and/or separation
2. Verbalized Dissatisfaction ( no legal action yet)
- Feelings of anguish, doubt, emotional, grief, guilt, relief, and tension after expression of discontent is now in the open!
- Marriage counseling and giving “one last try” for the marriage
3. Decision to Divorce ( no legal action yet)
- Feelings of anger, anxiety of the future, guilt, resentment, and sadness
- Other partner now in emotional stage one and both parties feeling victimized by each other.
- Realizes this decision is usually not reversible
Divorce Decision Action (the legal process begins)
- Feelings of anger, blame, shame, fear, and guilt
- Emotional and physical separation
- Going public with decision to family and friends
- Dealing with the “Children Problem”. No way around this one.
- Hiring an attorney and start the divorce process
4. Acceptance of Divorce / Single Life ( during the legal process or after)
- Many life adjustments: emotional, mental, and physical
- Realization that the marriage was not fulfilling or happy
- Dealing with your children and helping them to understand they are loved and did not cause the end of the marriage
- Work on developing the “new single you”, new identity and a plan for the future!
This emotional roller-coaster may take years to complete, but keep focused and you will get through it. Surround yourself with competent legal professionals who will help you through this life changing event.
Just remember this: the divorce emotional stages are a normal occurrence when going through a divorce. Outside of a death, divorce is one of the most life changing events in an individual’s life. This list is very basic and you will probably add many other emotions on to the list You are not alone. It is a grieving process and you will recover.