Pending changes to Tex. R. Civ. P. 194, as it pertains to family law cases, may render some items requested in this form inappropriate. Eliminate any items listed in this form that duplicate items covered in the request for disclosure in rule 194 when amended.
The cover sheet at form 5-41 should precede these and any other interrogatories.
Pattern Interrogatories—Modification of Child Support
|
Select only as applicable. |
“Household” means a unit composed of all persons living together in the same dwelling in which you reside, whether or not they are related to you or to each other.
1.For each of the [number] months immediately preceding [date of rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based], state—
a.the source and amount of your average monthly resources and self-employment income, as defined by sections 154.062(b) and 154.065(a) of the Texas Family Code, and
b.the identity and location of each of your employers and other sources of income, if any.
2.For each month since [date after rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based], state—
a.the source and amount of your average monthly resources and self-employment income, as defined by sections 154.062(b) and 154.065(a) of the Texas Family Code, and
b.the identity and location of each of your employers and other sources of income, if any.
3.If anyone other than yourself is contributing toward the payment of your current household expenses, for each person state—
a.the identity and location of the person and
b.the monthly amount of the contribution.
4.Identify and state the amount of each of your monthly living expenses on [date of rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based].
5.Identify and state the amount of each of your current monthly living expenses.
6.State the identity and location of each creditor and the amount owed each creditor on [date of rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based].
7.State the identity and location of each of your current creditors and the amount owed each creditor.
8.State each reason the order sought to be modified should not be modified.
9.If, on [date of rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based], your child[ren] had any special medical, psychological, or educational needs that necessitated additional expenditures, state—
a.the nature of each need;
b.to whom the expenditures were made;
c.the amount of the expenditures required on an annual basis;
d.whether [the/any] child[ren] required substantial care and personal supervision because of a mental or physical disability and [was/were] not capable of self-support; and
e.if [the/any] child[ren] required substantial care and personal supervision because of a mental or physical disability and [was/were] not capable of self-support, the date on which the disability first existed or the cause of the disability was first known to exist.
10.If your child[ren] [has/have] any special medical, psychological, or educational needs that necessitate additional expenditures or will necessitate additional expenditures in the future, state—
a.the nature of each need;
b.to whom the expenditures are or will be made;
c.the amount of the expenditures required or to be required on an annual basis;
d.whether [the/any] child[ren] require[s] or will require substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support; and
e.if [the/any] child[ren] require[s] or will require substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support, the date on which the disability first existed or the cause of the disability was first known to exist.
11.If, on [date of rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based], the child[ren] [was/were] involved in extracurricular activities, for each activity state—
a.the nature of the activity;
b.the average annual cost of the activity; and
c.the schedule of the activity.
12.If the child[ren] [is/are] involved in extracurricular activities, for each activity state—
a.the nature of the activity;
b.the average annual cost of the activity; and
c.the schedule of the activity.
13.For each person whose circumstances you allege have materially and substantially changed since the [rendition of the order to be modified/signing of the [mediated/collaborative law] settlement agreement on which the order to be modified is based]:
a.state the identity and location of the person;
b.describe the circumstances you allege have changed, both as they existed on [date of rendition of the order to be modified or signing of the mediated or collaborative law settlement agreement on which the order is based] and as they currently exist; and
c.identify facts of which you are specifically aware that establish, demonstrate, or prove the basis as to why each change of circumstances supports your request that the order be modified.
14.If you contend that a change of residence [has resulted/will result] in increased expenses for you to have possession of or access to the child[ren], state—
a.the amount of expenses you incurred to have possession of or access to the child[ren] for each month of the calendar year (that is, for January, for February, for March, and so forth) before the change of residence;
b.how you calculated these expenses for each month of the calendar year;
c.the amount of the increased expenses you [have incurred/will incur] to have possession of or access to the child[ren] for each month of the calendar year (that is, for January, for February, for March, and so forth) after the change of residence;
d.how you calculated these increased expenses for each month of the calendar year;
e.how the court should allocate these increased expenses;
f.why your proposed allocation is fair and equitable; and
g.why your proposed allocation is in the best interest of the child[ren].