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To modify the amount of child support (either an increase or decrease in the amount ordered), one of two things must be proven in court: either (a) you show that the circumstances of the child or a person affected by the order have materially and substantially changed since the date the order was signed; or (b) it has been three years since the order was signed and the monthly amount of the child support award under the order differs by either 20 percent or 0 from the amount that would be awarded in accordance with the child support guidelines.Most cases will fall under the three-year category, so the question of whether child support can be modified becomes primarily a question of math.The cost depends on whether you and your spouse can reach an agreement regarding the property division and children, how long the case has to be litigated before that agreement is reached, whether temporary orders are necessary, whether a trial is necessary, whether discovery is conducted, and how reasonable your spouse and your spouse's attorney are (or aren't) throughout the process. Lawyers practice law because they like the challenge and because they need to make a living.Like you, they have bills to pay, and they go to work to trade their time and expertise for compensation. The retainer insures that the attorney is compensated for his or her efforts.You are "married" until a court enters a final decree.
One of the available fault grounds is the adulterous activity of your spouse during the marriage.Although the "Choice of Managing Conservator" document is very persuasive to the court, it is not binding, as the court will attempt to make a decision which is in the child's best interest (which is not always what the child wants).There are two ways people can form a common law marriage in Texas: If you are married pursuant to common law and no longer wish to be married to your common law spouse, you will need a divorce.Check out our section on Divorce & Family Laws in Texas.If you need legal advice about your case, you'll want to find a Texas Divorce Lawyer.