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Houston Modification Attorney

Modify a Custody, Support, or Maintenance Order

When a divorce is finalized, the judge issues a number of orders in addition to the divorce decree dissolving the marriage. Divorce decrees typically cannot be modified, but in specific circumstances, a decree may be modified due to significant changes in circumstances related to child support, child custody, or spousal support. Modifications allow former spouses to make changes to the divorce decree upon any radical life changes. Petitions to modify a divorce decree can be made by filing a motion for modification to the court. Most decrees cannot be modified until one year after the final order, but there are exceptions to that rule.

If you would like to modify any part of your divorce decree, get in touch with the Law Offices of Frank E. Mann, P.C. today. Attorney Frank Mann is an aggressive and strategic family law attorney who was licensed to practice law in 1984.

Call (713) 903-8112 to schedule a free case evaluation today.

Modifying Spousal Support

In Texas, spouses typically are not granted any form of alimony support aside from child support, but in unique situations, former spouses may be entitled to “maintenance.” Maintenance orders are limited to a certain amount of time depending on the circumstances or a court may rule that the maintenance must continue as long as a disability continues.

However, maintenance orders can be modified by showing a material and substantial change in circumstances of either party. This may include the eradication of a disability, the new ability of a former spouse to find employment, or even a change in circumstances of the spouse paying the maintenance order.

When Can Child Support Be Modified in Texas?

In Texas, child support orders may be modified if:

  • The circumstances of the child or parent have materially and substantially changed since the date of the order
  • It has been 3 years since the order was rendered or modified and the monthly amount of child support differs by either 20% or $100 from the amount that would be in accordance with Texas child support guidelines

A court may take into consideration an increased salary by the parent who is paying child support or increased needs of the child. However, a court may not consider any net resources of a new spouse (the child’s stepparent). A change in physical possession from one parent to the other may also be a cause for modification of child support.

Modifying Child Custody

In Texas, child custody is typically referred to in terms of “access” as related to the title of the parent as either managing conservator or possessory conservator.

Either parent may modify the divorce decree if the parent can prove that modification is in the best interest of the child and:

  • The circumstances of the child or parent have materially and substantially changed since the date of the order
  • The child is at least 12 years old and can express to the court the name of the parent with whom they prefer to primarily reside
  • The parent with primary custody has voluntarily relinquished the primary care and possession of the child to another person for at least 6 months (this does not include a period of military deployment)

A parent may modify the order regarding the designation of the parent with primary custody within 1 year if the parent attaches an affidavit.

This affidavit must contain one of the following facts:

  • The child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development
  • The parent seeking modification has primary custody of the child and the modification is in the best interest of the child
  • The parent with primary custody has voluntarily relinquished the primary care and possession of the child for at least six months and the modification is in the best interest of the child. Texas courts have construed this section to apply in instances where one parent decides to move the child across the country or to a different country against the child’s wishes.

Child custody orders may also be modified due to increased expenses because of a change in residency or upon conviction of a parent for child abuse or family violence.

Turn to the Law Offices of Frank E. Mann, P.C.

An experienced family attorney with knowledge of how divorce modifications are handled can tell you whether you have sufficient grounds to file a petition to modify your divorce decree. Each case is different and must be reviewed carefully.

Our Houston modifications lawyer can review your case and help you fight for the modifications you are seeking. We can also represent you if you are defending against your former spouse’s request for modification. Our team can walk you through the motion process, making sure you understand what is required and what to expect next.

Need to file a motion to modify visitation, child support, spousal maintenance, or child custody? Call us at (713) 903-8112.

Why Choose Attorney Frank E. Mann?

  • Affordable Fees

    Results-focused for the lowest cost possible to you.

  • Payment Plans Available

    For your convenience and peace of mind, our firm offers payment plans when needed.

  • Free Initial Case Evaluation

    We understand that you have questions; we offer a free initial consultation to help get you started on the right track.

  • Over 33 Years of Legal Experience

    Our attorney has over 33 years of legal experience advocating for your family's goals.

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