Changing Circumstances Can Lead To Modifications

The courts understand that families change over time and you may need your court order regarding support or custody to change with it. You must show that such a change is in your child’s best interest, however. Whether you are asking for the change or opposing it, you will need a skilled family law attorney to advocate for you during the process.

Attorney Caroline McClimon of Tuck McClimon, PLLC has over a dozen years of experience helping families in Central Texas. She will take the time to educate you regarding the law and your options so that you can make informed decisions throughout your case.

When Can You Modify An Order?

In order to change a custody, or conservatorship, order, you must show the court a “material or substantial change of circumstances” regarding either a parent or the child, according to Texas law. This leaves the courts some discretion to decide what “material or substantial” means. The court must also decide if the requested change is in the child’s best interest.

When it comes to child support, you can request a modification in three circumstances:

• You have experienced a material or substantial change in circumstances
• The existing order is more than three years old
• Using current guidelines, the support amount would change by at least 20% or $100

Remember that you cannot change your support or custody order on your own, and you must wait for a modified order before making any changes.

Situations That May Justify Modifying A Texas Custody Or Support Order

Courts in Texas may allow a modification of custody or support only when circumstances have changed in a meaningful way since the original order. A change must be “material and substantial” to justify a modification to an existing order. This generally means that the change in circumstances affecting the child and/or the parents is both significant and long-term.

Common examples of material and substantial changes include:

• Employment or income changes such as losing a job, receiving a promotion, switching careers or experiencing changes in commission or overtime that affect a parent’s ability to pay or provide support
• A parent relocating or planning to move far enough away that the existing parenting schedule is no longer practical

• Changes in family structure, including remarriage, having a new baby or taking on new stepfamily responsibilities that affect time, finances or household stability
• A child’s evolving needs such as medical treatment, therapy, special education services or increased extracurricular expenses
• Serious safety concerns, including substance abuse relapse, domestic violence allegations or criminal charges that may affect the child’s well-being
• Ongoing parenting conflicts such as repeated interference with visitation or concerns that one parent is undermining the child’s relationship with the other
• Developmental changes, like a child starting school, changing schools or shifting from day care to a structured academic schedule
• Military deployment or major work schedule changes, which are common issues for many Texas families

Attorney Caroline McClimon can help gather evidence and explain how the change affects the child’s best interests.

When Temporary Orders May Be Needed In Urgent Family Law Situations

In urgent situations, a court may issue temporary orders to provide stability while the case moves forward. These orders are meant to address immediate needs and maintain structure until a final decision is reached. Temporary orders may address matters such as:

• Temporary custody or possession schedules to help ensure the child has a stable routine during the case
• Temporary child support or financial support to help cover the child’s needs while litigation continues
• Temporary restrictions or protective measures when safety concerns arise

These decisions can affect day-to-day life for months while a case is pending. It is vital to present a clear, well-supported request to the court.

Are You Having Problems With Enforcement?

Once the court issues a divorce decree or order regarding support, custody or property, any party not following that order could find themselves in contempt. If you are having trouble following an order or need help enforcing an order, talk to Ms. McClimon right away. She can help you determine the next steps, whether that means guiding you through compliance or filing a motion with the court.

Enforcement actions ask the court to hold the noncomplying party accountable. Examples of noncompliance include:

• Failing to pay court-ordered child support
• Refusing to follow the possession or visitation schedule
• Consistently returning the child late or denying scheduled parenting time
• Ignoring requirements related to medical care, education or decision-making

When violations continue, legal action can enforce the order and restore compliance.

Get Started Today

The team at Tuck McClimon, PLLC is ready to help you start your action. To get started, schedule an appointment by calling our office at 888-712-4804 or reaching out online.