Dallas Family Court Order Modification Attorney
Do You Need to Modify Child Support, Custody, or Alimony After a Divorce?
During a family court case, the judge will issue court orders for family law matters such as child custody, alimony, child support, and visitation. After the divorce process is over, one of the parties may experience a change in circumstance that affects their ability to comply with their divorce orders. Failure to comply with a court order can result in harsh penalties, so be sure to speak with an experienced Dallas divorce lawyer right away.
Our Dallas court order modification attorneys at O’Neil Wysocki P.C. can help if you can't meet the requirements of a divorce order due to changes in your income, location, or any other part of your life. We can help you obtain a modification of your divorce order so that you can move on with your life.
When Can I Have a Divorce Order Modified?
In order to have a divorce order modified, you must prove to the Texas family court that you have experienced a change in circumstance. For example, perhaps you have been granted custody of your child and need to relocate, but the other parent has visitation rights. You could have the visitation order modified if you can convince the court that your change in circumstance requires it.
You can also have your child support or alimony order modified if you have lost your job or any form of income, making it impossible for you to afford the support payments that your support order requires.
Child Support Modification in Texas
In Texas, a child support order is only eligible for modification if one (or more) of the following applies:
The order was established/last modified more than three years ago.
The monthly amount differs by either 20% or $100 from the amount that would be awarded according to child support guidelines; or
A material and substantial change in circumstances has occurred.
A “material and substantial change in circumstances” could mean: the noncustodial parent's income has increased or decreased; the noncustodial parent is legally responsible for additional children; the child's medical insurance coverage has changed; or the child is now living with a different parent.
How to Modify Child Custody in Texas
Custody—or conservatorship—regarding a child in Texas can always by modified until the child turns 18. Once a court order has been entered regarding custody or conservatorship, a parent must prove that there has been a “material and substantial change of circumstances” regarding one of the parents or children that requires modification of the court order. And, the new order sought must be in the best interest of the child.
A modification begins with the filing of a petition to modify the prior order. A modification proceeding generally follows the process for any other suit, including service of process, time to answer, and right to trial if an agreement cannot be reached.
The most common modification of custody or conservatorship orders involves a modification of child support. The “material change” may be the obligor parent getting a raise or better paying job, requiring an increase. Or, the obligor parent losing his or her job, requiring a decrease in the amount of child support. Other reasons to modify a conservatorship order in Texas may be to adjust the periods of each parent’s possession with the child to accommodate a changed work schedule or the child’s schedule. Sometimes one parent wishes to change the right to establish the primary residence of the child from one parent to the other.
Contact O’Neil Wysocki Today
Contact a lawyer right away if you need to have a court order modified. For more than 155 collective years, O’Neil Wysocki P.C. has striven to provide the highest quality service together with relentless representation in court. Attorneys Michelle May O'Neil and Michael Wysocki are board certified in family law and have garnered numerous industry recognitions due to their dedicated work in the Greater Dallas community. Our team also includes an additional board certified attorney and three board certified paralegals.
Our team-oriented firm has what it takes to get the results that you need and will work together on your case from start to finish; contact O’Neil Wysocki P.C. today to learn more.
Call (972) 852-8000!