Modifying Child Support and Custody Orders
When dealing with situations such as child custody and child support, there might come a time where you’ll need to seek a child support lawyer for modified court orders. Why would this happen? Well, in some instances, the original court order may have been unfair or unworkable from the get-go.
In other cases, the circumstances in which the original order was based on may change. Circumstances can vary, including the children grow older, a change in financial situation, or a change in living arrangements.
In these situations, a modification of orders could be needed, whether it’s custody, support, or visitation rights. Finding yourself in these types of situations may seem complex, but it doesn’t have to be with the assistance of a qualified attorney.
Child Support Modifications
In Colleyville, child support orders can be modified under Texas law is one of these conditions is met:
- More than three years since the establishment of the order or last modification
- The monthly amount of the orders differs by either 20% or $1oo from the amount that would be awarded based on the guidelines
- A “material and substantial” change since the last support order
Child Custody Modifications
State law allows modifications of child custody orders to petitions filed by either parent at any given moment. This is as long as it is filed in the court that granted the divorce originally. In the event of relocation, the petition could be filed in the new.
If both parties agree that a custody order is needed, the proposal must be submitted to the courts. The court reviews the proposal, often approves it and becomes legally enforceable.
One thing to note is that if both parties don’t agree on the need for modifications, then an extensive litigation process begins. The law stipulates that the petitioning parent must demonstrate that:
- The child is of at least 12 years of age and wishes to live with the other parent
- Material and substantial change (like a losing a job, job relocation, income, abuse and neglect, substance abuse, or medical condition)
- The modification in the order is in the best interest of the child.