Modification of Court Orders

Child custody and child support orders can stay in place for years, but sometimes it becomes necessary to revisit those orders. Whether a change in a parent’s life no longer makes the order workable or a child has substantial unmet needs, a modification of the order may be necessary.

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Central Texas Lawyers Experienced in Custody Modification

There may be a need for modification of a child custody order in many situations. One parent may have a job opportunity in another state or may have remarried. As the children get older, they may have a preference about where to live. There can also be more serious circumstances, such as one parent’s home being dangerous for the children. The court has authority to change any part of the prior child custody order, including visitation schedules and the conservatorship rights of the parents.

divorce attorney Austin, TX
divorce lawyer Austin, TX

There is a specific legal requirement to change most child custody orders: a “material and substantial” change. Each case is different, and our lawyers have experience evaluating whether such a change exists.

Our lawyers are here to talk about your situation, whether you wish to modify a child custody order or whether you oppose such a request by the other parent.

Modification of Child Support

The requirements for modifying a child support order are slightly different. Like a custody modification case, Texas law allows a change in child support due to a “material and substantial” change. However, a court may also revisit the child support order three years after the prior order. The idea the 3-year rule is to see whether the parent paying support has an increase or decrease in income. As with a modification of custody, the court can change any part of a child support order, such as the amount of child support or which parent pays support.

The challenging part of modifying a child support order can be proving a change in income. The law requires proof of income at the time of the prior order and proof of current income. Our lawyers have experience with assessing a change in income and are here to help with your child support modification case.

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