Order Modifications

Family Law Court Order Modifications Attorneys in Frisco, Texas (TX)

Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas, Rockwall, Kaufman, Johnson and Cooke.

Modifications to a Family Court Order in Texas

Whether you were able to reach a settlement agreement in your family law case or you had go to trial, the last step was to get a final order. The hope is that your final order will account for all your family’s needs for years to come, but the reality is, life doesn’t sit still. As the years go by, your family’s needs will change.

Fortunately, court orders are not set in stone. Depending on the situation, you could be eligible to revisit the terms of your order to account for your family’s new circumstances. If you are interested in modifying an order in your family law case, contact Grinke Stewart Law, PLLC. Our skilled attorneys can explain the steps necessary to seek a change to your order and make sure that any requested changes reflect your current goals.

Common Reasons to Modify Family Court Orders

Modification actions can be used for a variety of reasons, including:

Addressing medical needs of a child
Changes in employment
Dealing with blended families
Addressing concerns about your co-parent

After the relevant order has been finalized, either of the parties can request a modification at any time. The requesting party will need to show that the circumstances have changed to a point where the existing order is no longer appropriate or practical.

Modifying a Spousal Maintenance Order

To modify a spousal maintenance order, the requesting party will have to prove to the court that he or she has experienced a material and substantial change in circumstances. Often, modifications to spousal maintenance orders are requested because the paying spouse has lost his or her job or has suffered a significant loss in income. Texas law places a limit on the amount a spouse can be required to pay in maintenance, which is proportionate to his or her income. As that income changes, so does the maximum amount he or she should be legally obligated to pay in spousal maintenance.

This rule works in the converse situation, as well. If the paying spouse experiences a substantial increase in income, the receiving spouse might seek an increase in maintenance. Again, there are caps on how much the paying spouse can be ordered to pay. Absent an agreement between the parties on modification, the court will decide whether a change is warranted.

Modifying a Child Custody Order

Through time, parents might want to make changes to their orders on child custody and child support. With regard to custody, what worked for the family when the kids were younger might not work when they are older. Circumstances that can prompt a request to modify a custody order, including the Possession and Access Schedule, can include:

Changes in the child’s educational needs or desires;
Changes to the child’s physical or emotional health;
Changes in the family schedule, including changes in the child’s after-school and weekend activities;
Changes in jobs or living situations that might cause the custodial parent to want to move outside the set geographical area;
Concerns about the safety and wellbeing of the child when in one of the parent’s care;
Other events that dictate a change to the order in the best interests of the child.

Depending on the case, when modifying terms of custody, a court might appoint an amicus attorney, attorney ad litem, or guardian ad litem to determine and protect the best interests of the child.

Modifying a Child Support Order

Much like modifying a spousal maintenance order, a party requesting a change to a child support order will need to show that his or her circumstances or the circumstances of the child have materially and substantially changed. Perhaps the paying parent was laid off, or the child has developed a disability that will require more support over a longer period of time than was provided in the original order.

It is extremely important for parents to understand that obligations to pay child support do not end with significant changes in income. Paying parents must request a more appropriate amount from the court, rather than ceasing payment.

With both child custody and child support orders, parents can agree to changes, or one parent can file a petition to modify the order. This petition should be filed with the same court that issued the original order.

Contact Grinke Stewart Law, PLLC for an Attorney Consultation

There are numerous reasons why your family’s needs could warrant a change in your court order. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter or click here to schedule a consultation with one of our attorneys.

Order Modifications