Modifications or Enforcement
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.
Learn more about the need for enforcement
When is enforcement necessary?
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.
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.
Questions about enforcement?
Contact us to discuss your situation.