Child Support / Child Custody Modification

Houston, Texas, Child Support/Child Custody Modification Lawyer

Texas courts have the power to modify, clarify, and enforce divorce decrees concerning such matters as child custody, visitation, and child support. I can provide invaluable assistance in helping you modify existing orders and protect the rights you acquired in the initial order.

Modification of child custody and support

Child custody, visitation, and child support orders are also subject to modification if there is a material and substantial change in circumstances after a divorce order.

For example, if you are laid off from your job, your lawyer should be hired to file a motion to reduce child support. It's important to file a motion to change child support as soon as your financial circumstances change. You can be found in contempt of court if you don't pay child support and you can be incarcerated in state prison.

Child custody (conservatorship) and visitation can also be modified under Texas law. I tried the very first child custody case in Harris County after the current law went into effect in 1996. Prior to that date, it was almost impossible to get a Texas court to change child custody on temporary orders. Since the court has already ruled on child custody, judges are reluctant to modify the original ruling, unless your evidence meets the requirements of the statute.

To be successful, you will have to show a substantial and material change in circumstances since the last order was issued. If you are trying to modify on temporary orders, there are more stringent requirements to meet. Before the court will have a hearing on modification of an order temporarily or permanently, you will be forced to go to mediation to try and work out a solution. The court may also appoint an amicus, which is an attorney appointed by the court to help the court determine what is in the child's best interests. In addition to attorney fees, you will have to pay for the mediator and the amicus.

If the original child custody order was issued in another state, your case will come under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). I am experienced in handling these cases, which are very complex.

Enforcement of child custody and support

If either party violates a court order in a divorce or child custody case, the other party may compel the violating party to appear and answer to the court for the violation of the order. The burden is on the party filing the enforcement action to prove that the other party has violated the court’s order.

Due process of law requires that the court gives the violating party the opportunity to show why he or she should not be held in contempt. If the court finds the violating party in contempt, the court can order that the violator correct the violation, be incarcerated, and/or pay legal fees, fines, and/or other costs for the contempt proceeding.

Contact me today if you are looking for a board-certified family law attorney who will provide you with experienced counsel and personal attention to your needs. I serve clients in Houston, Texas, and all surrounding communities.