MODIFICATION
Modifying Orders for Support, Custody and Alimony
When a divorce is finalized, the judge issues a number of orders in
addition to the decree dissolving the marriage. These orders are
usually related to child custody, child support, parenting plans, and
spousal maintenance. They can be modified with a motion for
modification to the court. It can be filed by either party.
Practicing family law since 1984
To learn more about modifying a court order, contact my Houston law
firm. Practicing law since 1984, I know the Texas Family Code, and
use that knowledge to advise clients about their options, their rights,
and possible solutions to their problems. Call me at Frank E. Mann,
Attorney and Counselor at Law, at (713) 524-6868.
Changes that can lead to a post-divorce modification
Orders can be modified because of a material and substantial change
in circumstances. These circumstances can include:
- Relocation
- A better job or a layoff
- Illness or disability in one parent
- Lack of compliance with existing orders
Don't be tempted to deal with changes informally
Changes such as these can lead to child support modifications that
increase or decrease the amount of child support, alter visitation
schedules, or change where the child lives. Usually an order must be
in place for three years before it can be modified. Even though
parents may agree to these changes and not see the need for a
court-ordered modification, I advise clients to formalize the changes.
One parent might accuse the other of violating the original
agreements, even though the alleged violator thought they had
agreed to the change together. Such arguments are difficult to
counter, as there is nothing approved by the court. That is why I
counsel parents and ex-spouses to undertake a request for a
modification and retain a lawyer.
I work with clients so they understand the requirements and
process of a modification
I walk clients through the motion process, making sure they
understand what is required and know what to expect. To learn how
to begin filing a motion for a modification of a visitation or support
order, contact my Houston law office.
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