Texas Family Code - Section 156.410. Change In Circumstances Resulting From Military Service

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§ 156.410. CHANGE IN CIRCUMSTANCES RESULTING FROM 
MILITARY SERVICE.  (a) For purposes of Section 156.401, the fact 
that an obligor has been called into active military service in any 
branch of the United States armed forces is a material and 
substantial change in circumstances if that active military 
service:
		(1)  is for at least 30 consecutive days;  and                                
		(2)  results in a decrease in the obligor's net 
resources during the period of service.
	(b)  A motion for modification under Subsection (a) must be 
accompanied by the affidavit of the obligor's commanding officer 
that states:
		(1)  the date on which the obligor's active military 
service begins and the date on which that service is expected to 
end;  and
		(2)  the obligor's anticipated monthly gross income 
from active military service.
	(c)  Return of the obligor from the active military service 
described by Subsection (a) is a material and substantial change in 
circumstances for purposes of Section 156.401 for which an obligee 
may file a motion for modification of a child support order if the 
court previously modified the order on the grounds described by 
Subsection (a).

Added by Acts 2003, 78th Leg., ch. 452, § 1, eff. June 20, 2003.  
Amended by Acts 2005, 79th Leg., ch. 916, § 20, eff. June 18, 
2005.

Last modified: August 10, 2007