Frisco Modification Lawyers
Modification and Enforcement of Support Orders, Custody and Access Schedules
When the judge issued your divorce decree or approved your child custody agreement, the decision was made based on the facts and circumstances that existed at that time. But life goes on and things change. People lose jobs, or get raises. Parents need to relocate for work or family reasons. Children grow up and have different needs.
It’s normal and expected that you will need to modify a child support, spousal support or child custody order at some point. We can help.
The Frisco family lawyers at Albin Oldner Law, PLLC work with clients in Collin County, Denton County, and Dallas County to modify child support orders, to enforce compliance with visitation agreements or spousal support orders, or to defend themselves against enforcement actions.
On This Page:
- Modification of a Court Order: Is the Change Justified?
- Enforcement of a Court Order
- Modifications FAQ:
- Meet With An Attorney
When asking the court to change an existing order, you must be able to prove that there has been a substantial or material change in your situation since the original order was signed. For example:
- If you are seeking a change in access or child custody, have the needs of your child and/or the co-parents changed significantly? Is the other parent regularly violating the current child access agreement? Did your ex remarry someone who is negligent or abusive toward your child? We can help you negotiate a new agreement or take it back to court for the judge to decide.
- Parental alienation is one reason a parent might seek to change an access agreement. Is the other parent actively and intentionally undermining your relationship with your child? Telling your child lies? Encouraging your child to engage to disobey? This behavior can be very damaging to the child. We refer our clients to independent, highly qualified therapists. We will represent your and/or your children in court to modify the other parent’s access.
- Do you have a child support order that is too high because you lost a job or have reduced income? Do you believe you should be receiving more child support because the other parent got a big raise or a new job? Is your child now out of daycare, or does your child have additional medical or educational needs? Our Frisco modification attorneys will build a case for a change in your child support order.
- Parental relocation? You can’t leave the state with your child. You must first go back to court to change your child custody agreement. If you are staying in the state, the general rule is that the primary residential parent can relocate anywhere within the county where the divorce took place, or within any contiguous county. But local rules and judicial preferences play a role in this decision so our experience and familiarity with the courts of Collin County and Denton County will be especially valuable.
- Do you have a court order for child support or spousal support but you aren’t receiving your money?
- Is your co-parent supposed to pick the kids up at 6 pm, but he or she doesn’t show up until 7 pm (or not at all)?
- Did your divorce decree state that your ex was supposed to sell the house after the kids left home, but you’re still waiting for the sale so you can get your money out?
You don’t have to keep living with the problem. If you have a court order that isn’t being honored and it’s causing you harm, let us help you take your case back to court so you can get what you deserve.
Typically, a court order like a child custody order can be modified once a year in Texas. This time limit is in place to help ensure that all modification requests are realistic and based on actual needs for changes, not whims. Although, the court can always be asked to make a special exception when the need for one exists, especially if doing so would reflect the best interests of your child. You should rely on an attorney whenever you request a modification, though, so it is made correctly.
A family law order won’t be modified unless you can show that there is a real need for the modification. When the order involves a child’s well-being, you will need to show that the child’s best interests aren’t being upheld as things are now but modifying a support or custody order could improve the situation. There are also technical requirements to petitioning a modification, such as you must be a party named on the current order.
A modification attorney can help by handling all aspects of your case. To begin, we can assess the order that you want to modify and determine if a modification would help and if the court would accept the petition based on legal grounds. If your ex-spouse or spouse does not agree with the modification request and challenges it, then you can let us represent you in court for hearings and out of court for negotiations.
Schedule a time to meet with one of our Frisco attorneys. We can explain your legal rights and options in modification and enforcement of court orders.