San Antonio, TX asked in Family Law for Texas

Q: I need a case site that deals specifically w/family law sec.156.401 (incarseration is a material and substantial change)

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1 Lawyer Answer
Milan Marinkovich
Milan Marinkovich
  • The Woodlands, TX
  • Licensed in Texas

A: Under Sec. 156.401 of the Texas Family Code entitled "Grounds for Modification of Child Support", the trial court is given a broad discretion in fixing child support payments and in decreasing or increasing such payments, and court's order will not be disturbed on appeal except on a showing of a clear abuse of discretion. Arguably, incarceration is a material and substantial change. CITE: Reynolds v. Reynolds, 452 S.W.2d 950.

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