Texas Family Court Order Modifications And Enforcement For Life’s Changes
As your life changes, the arrangements you finalized in your divorce may need to change as well. The law allows you to make modifications to child custody, child support and visitation, along with any of the terms set out in your final decree. Additionally, the law allows for clarification of terms that may be inconsistent in the final divorce decree. It also allows you to enforce orders if your former spouse is not complying.
At the Law Office of Rebecca Gonzalez, P.C., in San Antonio, Texas, I have substantial family law experience, including in modifications. I can review your situation and determine whether you are eligible for modification, and I can help you revise arrangements based on current circumstances. If your former spouse has not followed the divorce orders, I can help you explore your options for enforcement. Perhaps you have been the target of enforcement actions because you allegedly did not comply with divorce orders. I can counsel you on your options as well. Call me today at 210-368-2608 for a confidential consultation about your family court order concerns.
Eligibility For Modification
Modifications to child custody, child support and spousal support require a significant change in circumstances. An example of a significant change of circumstances would be a career change that impacts the time you spend with your child, requiring a change to your parenting plan. Modifications of support may be needed in the event of job loss or a dramatic change in income. For the father, the birth of a new child may require the modification of support. A change in income may lead to a decrease or an increase in child support payments. Spousal support may need to be increased if, in the course of divorce, the income of the supporting spouse has increased or the supporting spouse has received a promotion. Spousal support or post-divorce maintenance support cannot be modified after the divorce is finalized.
Relocation is a unique type of modification. As your attorney, I can provide you with guidance if you wish to move away with your child. I can also help you understand your options if your former spouse has threatened to move away with your child and you are worried that your relationship with your child is in jeopardy.
Enforcement Options
There are various options for enforcing orders. Ultimately, your goal is to have your former spouse comply with orders. As your lawyer, my role is to help you get payments or time with your child. I will strategically use the various enforcement options, including contempt of court, which could potentially lead to jail time, fines being imposed on the opposing party or an award of your attorney fees.
If you are the target of enforcement actions, I can counsel you about the steps you should take to comply and avoid penalties. If you have not followed orders because of a change in circumstances, I may assist you in pursuing a modification.
Frequently Asked Questions About Texas Family Court Orders
I know you likely have questions about how modifications and enforcement work in Texas. Here are answers to some of the most common questions my clients ask. If you don’t see your specific question addressed, please reach out to me directly for personalized guidance.
Can I get a modification when I move out of state?
Yes, you can still seek modifications to your Texas family court orders even if you’ve moved to another state. I can help navigate the jurisdictional issues that arise with interstate cases. Texas may retain jurisdiction over child custody matters for a certain period after you move. For child support, the rules can be more complex depending on whether both parents have left Texas. I’ll work with you to determine the proper jurisdiction and process for your specific situation.
Do I need to go to court for a modification, or can I use mediation?
You don’t always need a courtroom battle. I often recommend trying mediation first. It’s typically less expensive and less stressful than litigation. Many of my clients successfully resolve modifications through mediation. If both parties can agree on the changes, we can present an agreed order to the court. If mediation doesn’t work out, then we can proceed to court. I’ll be by your side either way, making sure your interests are protected.
What are my options if I need to petition the court for enforcement?
When your ex isn’t following court orders, you have several options. I can help you file an enforcement petition that may lead to:
- A clarification order if the original terms were vague
- Make up parenting time if visitation was denied
- Wage withholding for unpaid support
- Contempt proceedings, which could result in fines or even jail time in serious cases
- Recovery of attorney fees you spend enforcing the order
Every case is unique. I’ll help determine which enforcement tools make the most sense for your situation and goals.
Contact Me About Changes To And Enforcement Of Orders
Whether you need help with changing or enforcing a divorce order, I can help. Contact me today at 210-368-2608 or, if you prefer, by email.