Child Custody and Support Modifications

While many marital settlement agreements and paternity orders continue working well for the former spouses and the parents involved, many do not. In fact, sometimes the battles over the modification of child custody and support orders become more contentious than the original case. At Mark Lane Law Offices, in Fort Worth, Texas, we are committed to helping clients obtain modifications to family law orders when changed circumstances make them necessary.

Child Custody Modification in Texas

In Texas, a court may modify an order regarding possession of a child (child custody ) or access to a child (visitation) if the modification is in the "best interest" of the child, and:

• Circumstances have "materially and substantially changed" since the initial custody or visitation order, or
• The child, who is at least 12 years, prefers a different custody or visitation arrangement, or
• The person who has the right to determine the child's primary residence (the custodial parent) has "voluntarily relinquished the primary care and possession of the child to another person for at least six months.

The relocation of the custodial or non-custodial parent, allegations that a parent is attempting to alienate the children from the other parent, or allegations of child abuse, are examples of changes which may justify a child custody modification.

Child Support Modification in Texas

In Texas, a court may modify a child support order if circumstances have "materially and substantially changed." Material and substantial changes may include changes in a parents resources. For example, if your former spouse has obtained new employment and increased income since the original child support order was made, you may be able to petition the court for an increase in child support if your former spouse refuses to increase child support payments.

Spousal Maintenance (Alimony) Modification in Texas

When either former spouse dies or when a former spouse who is receiving maintenance remarries or cohabitates, spousal support (alimony) is terminated. When the circumstances of either party have "materially and substantially changed" since the initial spousal maintenance order or decree, a motion to reduce maintenance may be filed with the court. Call us to discuss modifying your alimony payments.

Whether your former spouse agrees to the changes or not, you need to speak with an attorney well versed in modification of orders to be sure your child support, spousal support, child custody, and visitation issues are thoroughly addressed. Contact us for answers to your post divorce modification questions.