Modifications or
Enforcement
Changes in circumstances can require
modifications
Modifications
Changes in circumstances can require modifications
When do you need to modify a final order?
After a divorce or suit affecting the parent-child relationship, the parties may need to modify a final order when there has been a material and substantial change in circumstances and the change is in the best interest of the child(ren). Such circumstances may include:
One parent moving away for a job
A substantial increase or decrease in the income of the parent who pays child support
Criminal behavior of a parent after a final order
An increase or decrease in the needs of the children
Or other “material and substantial change”
Need help with a modification?
We can help you determine if you need a modification, and how to approach it correctly. Complete this short form to tell us about your situation.
What factors define ‘the best interests of the child’?
In a suit to modify conservatorship or possession and access, the court’s focus is on the “best interest of the child.” In determining the best interest of a child, a court may consider:
the plans for the child by those seeking primary possession
the stability of the home or proposed placement
the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one
any excuse for the acts or omissions of the parent
the child’s need for stability and
the need to prevent constant litigation regarding conservatorship of the child.
Questions about modifications?
Modifications can be tricky. Contact us to discuss your situation.
Enforcement
Learn more about the need for enforcement
When is enforcement necessary?
Child Support
Either the parent receiving child support payments or the State of Texas can enforce a child support obligation. When the obligor (parent who was ordered to pay support) stops making child support payments, we handle child support enforcement and contempt actions and will pursue retroactive support payments. We also handle the defense of such claims.
Spousal Maintenance / Alimony
When an obligor (spouse who was ordered to pay maintenance) stops making spousal maintenance / alimony payments, we handle the enforcement and contempt actions and will pursue retroactive payments. We also handle the defense of such claims.
Property Division
When a party fails to transfer property which was ordered to be transferred to another party, we can help enforce that transfer and division of marital property. We can also handle the defense of such claims, when made by a party seeking the division.
Possession and Access of Children
When a party fails to abide by the possession and access provisions of a Final Order, we can help enforce those provisions. We can also handle the defense of such claims, when made by a parent seeking enforcement.
Alimony (Spousal Maintenance)
The Texas Family Code accommodates spousal support
Also known as “Alimony” or “Spousal
Maintenance”
In Texas, certain conditions must apply before a court can order Alimony or Spousal Maintenance. The Texas Family Code outlines the factors that must be evaluated before spousal support is ordered, such as, the duration of the marriage, the criminal acts of one spouse, the earning capacity of a spouse and the ability to support himself or herself, physical or mental disabilities of a spouse as well as other factors. It is important to have your situation evaluated by an experienced attorney to determine if alimony or spousal support is warranted or whether one spouse is seeking support and the other spouse should oppose the request.
What is your alimony question?
Child Support and Custody
As well as medical support and insurance issues
Complex child-support scenarios require an experienced attorney
When minor children are involved in a divorce or separation, Texas courts are required to ensure that child support obligations and arrangements are made and financial issues resolved. It is very important to have an experienced attorney to negotiate the child support (and medical support) amount, who will be paying it, how payments will be made, whether retroactive child support is warranted, whether support for a disabled child is an issue, and other matters.
Child support amounts are set by state law and are based off of the net incomes of the parties.
Determining the net income is very important. For W-2 wage earners with no other sources of income, determining net income can be relatively easy. Calculating net income for the unemployed, underemployed, business owners, investors, or other non-recurring income earners can be challenging. The final figures can dramatically affect child support obligations. The more complicated your financial situation, the more important it is to have an experienced attorney assisting you. We are here to help.
Other obligations
In addition to child support, parents may also be obligated to share in other expenses, including childcare, education, sports and other activities, health care, travel, and other expenses that may be unique to a particular child.
Child Support Enforcement
Either the parent receiving child support payments or the State of Texas can enforce the child support obligation. We handle child support enforcement and contempt actions and will negotiate and litigate on your behalf for retroactive support payments as well as defending against such claims.
Many combinations for Child Custody (Conservatorship)
Different custody arrangements can be created by the parents or awarded by the court depending on the circumstances and factors in a case. Both parents can share custody, or one parent can be the primary and the other secondary custodian, or there can be other combinations of conservatorship. A parent that is not awarded custody or has noncustodial rights over a child may have supervised visits or visitation depending on what is in the best interests of the children.
Questions about child support & custody?
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