Legal Question in Family Law in Texas
I handled my divorce paperwork 3 years ago and to avoid confrontation did not request child support. Now that emotions have all settled, I feel that persuing child support from their father is the right thing to do for my children. Legally, can I now request child support even though I didn't request it in the the divorce decree?
1 Answer from Attorneys
Generally, you can only request it if there has been a material and substantial change in circumstances. In other words, if the dad's income is the same as it was three years ago, then you cannot do it. Typically, if three years have passed since the order was rendered and the support varies by 20% or $100 from the guidelines (which it would in this case), then you can request a change, but this does not apply to agreed orders.