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 McClimon Family Law 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.
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.