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Articles Posted in material and substantial change in circumstances

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Texas Court Denies Child-Support Modification upon Finding of Underemployment

In determining the Texas child-support obligation of a parent, the court may consider whether that parent is intentionally unemployed or underemployed.  If the court finds the parent is intentionally unemployed or underemployed, it may apply the support guidelines to that parent’s earning potential, rather than to their actual earnings.  Tex.…

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Texas Appeals Court Finds No Judicial Admission in Conditional Pleading for Custody Modification

Generally, there must be a material and substantial change in circumstances to justify a modification of a Texas custody order. An appeals court recently considered whether a father judicially admitted the existence of a material and substantial change when he objected to the modification sought by the mother, but petitioned,…

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