What is a “Material and Substantial Change” in Circumstances?
In life, parents’ circumstances change. They may change jobs, move away, get remarried, or fall on hard times. Major changes can affect a parent’s ability to pay child support, care for, or even visit their kids. In the family law arena, changes that affect the family dynamic are referred to as a “material and substantial change in circumstances” and can warrant a change, or modification, to an existing court order.
In this article, the attorneys at Varghese Summersett Family Law Group explain what constitutes a material and substantial change in circumstances in Texas and how you can use them to modify an existing child custody or child support order. Please take a moment to watch this video by experienced family law attorney Turner Thornton.
What is a Material and Substantial Change in Circumstances?
The Texas Family Code does not specifically define what qualifies as a material or substantial change in circumstances, so the judge has wide discretion in making this determination.
Generally speaking, it is a significant change in the circumstances of any of the parents or the child since the date of the last order. This change can be related to the child’s needs, the parent’s abilities, or any other factors that affect the child’s well-being.
The judge will compare the family dynamic when the current order was signed to the current circumstances to determine if a change, or modification, to child support, visitation, or custody is in order.
Examples of a Material and Substantial Change in Circumstances
Examples of a material and substantial change in circumstances that could warrant a modification of an existing child custody or child support order in Texas may include:
- A parent remarries and has another child(s);
- A parent changes or loses their job (sudden change in finances);
- A parent moves away;
- A parent goes to jail;
- A parent has a drug or alcohol problem;
- A parent is abusive or neglectful.
- A parent gets deployed for military duty;
- A parent suffers from a serious illness;
- A parent dies.
This is not an exhaustive list but offers common examples that may arise to the level of a substantial and material change in circumstances. Here are a few other hypothetical examples:
- A father (non-custodial parent) loses his job and has to settle for a lower wage at a different job. He can no longer afford child support at its current rate and petitions the court to lower his child support due to a material and substantial change in circumstances.
- A mother (non-custodial parent) gets remarried and has another child four years later. She petitions the court for lower child support due to a material and substantial change in circumstances.
- A mother (custodial parent) is offered a higher-paying job in another state and wants to move. She seeks to modify the original court order to change the geographic restrictions so she can take her child with her, citing a material and substantial change in circumstances.
- A father (custodial parent) sufferers from a serious illness and can not adequately care for his child. He seeks to modify the child custody order giving the mother primary care and possession of the child, citing a material and substantial change in circumstances.
How Can You Use a Material and Substantial Change in Circumstances to Modify an Order?
In order to modify a child court order in Texas, the parent must, at a minimum, show two things:
- There is a material and substantial change in the circumstances of the child or one of the parents; and
- The modification is in the best interest of the child.
If you believe that you can meet at least these two criteria, the next step is to contact an experienced family law attorney. The attorney will then determine what other requirements must be met, depending on the facts and circumstances of your unique situation.
The attorney will draft and file a modification suit with the court that issued the original order. The modification suit will need to show evidence of the material and substantial change in circumstances that justifies the modification. This evidence may include financial, medical or educational records, witness testimony, or other relevant documentation, depending on the facts and circumstances of the need for modification.
After the modification suit is filed, a hearing will be scheduled, and both parties will be able to present their arguments to the court. The judge will consider the best interests of the child when making a decision and may modify the existing order as necessary.
What if The Court Denies My Modification Request?
If the court denies your modification request, it is important to understand that this ruling is not necessarily final. It’s important to consult with an experienced family law attorney if you feel your modification request was denied unfairly or unjustly. The attorney will look closely into the reasons for the denial and work toward a resolution.
Have a Material or Substantial Change in Circumstances?
Modifying an existing child custody or child support order can be a complicated process, and it is important to have the right lawyer to guide you through it. Varghese Summersett Family Law Group is a Fort Worth law firm with a team of experienced family law attorneys who can help you navigate the family court system and achieve the best possible outcome for your family.
We understand that life throws curveballs and won’t always stay the same. We also understand the sensitive and emotional nature of child custody and child support cases. Call us today at 817-900-3220 to schedule a consultation with an experienced family law attorney. We can help determine whether a modification suit is the right course of action for your particular situation and can provide you with legal guidance and support to achieve your goals.