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.
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:
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.