In Texas, you can seek a modification of a court order in family law cases if there has been a “material and substantial” change in circumstances. Your Austin family law attorney will gather evidence to meet the legal standard based on the specific type of modification that you are requesting. We will then advocate for you to help you get a new order that reflects your current reality.
At the Law Offices of Jason Wright, we represent individuals and families in all types of Texas family law matters, including divorce, child custody, and child support. We treat each client with compassion and respect, working hard to help you achieve the best possible outcome for your case. Contact our law firm today to schedule a consultation with an Austin family lawyer.
Modification of Family Law Orders in Texas
If you have court orders related to a family law case, you might be able to get those orders modified or changed. This includes orders related to child custody, child support, and spousal maintenance. The exact standard for a modification will depend on the type of order that you seek to have changed.
Importantly, if you have a court order in place, you cannot simply decide not to follow it. Instead, you must go to court and ask a judge to change it. You will then have to wait until the order is signed before you can make changes in your personal life (such as paying less child support or switching up custody arrangements).
It can be hard to know when your life circumstances warrant a modification. If you have any questions, our Austin family law attorneys are here to help. We can help you understand your rights and walk you through the process of getting a family law order changed if you decide to move forward.
Modifying a Child Custody Order
The Texas Family Code allows a court to modify a child custody order in limited circumstances. Specifically, the modification must be in the best interests of the child(ren) and:
- There has been a “material and substantial” change in circumstances; OR
- The child is at least 12 years old and has expressed a desire for the change in custody and would be willing to share their desire with the court.
When it comes to a change in circumstances, Texas law provides that the circumstances of the child, a parent/conservator, or other party affected by the order have materially and substantially changed since the order was made.
Under this law, it isn’t enough for there to be a minor change in circumstances. Instead, the change has to be something more, such as:
- Parental potential relocation due to a job opportunity, remarriage, or moving closer to family may impact a current custody arrangement. If one parent is moving away from Central Texas or out of the state entirely, it is probably necessary to revisit the custody and visitation orders. However, if the current order provides the parent the ability to move, or the change is one that could be reasonably anticipated from the order, then the court may not agree that the change warrants a modification.
- Changes in a child’s needs or circumstances may warrant a new custody arrangement. For example, if a child is diagnosed with a developmental disorder and will require therapy and other services each week, that may be a basis for a custody modification.
A court will consider a range of factors to decide whether the change is in the child’s best interests. This may include things such as the child’s physical and emotional needs, each parent’s ability to provide for the child’s well-being, the stability of each parent’s home environment, the child’s relationship with siblings (if any), and school and community ties. If the child is old enough, the court will also consider their preferences. It’s important to note that the child does not get to decide; only the court will make a decision, but the child’s preferences are taken into consideration.
Ideally, parents will be able to come to an agreement about a change in custody and visitation. However, even if you can agree with your ex about custody, you should always get the order legally changed. An informal agreement is not binding or enforceable, so it is in your best interests to seek a modification in court. If you both agree to the change, the process should be relatively straightforward and quick.
To modify a child support order, you will need to file a modification case with the court in the county where the current order was entered. Either parent can file a modification case. If you are not the child’s parent, there are new laws that limit the rights and standing of third-party individuals to file a modification case. These changes in the law significantly changed the rights of non-parents’ ability to file suit.
If you and your ex agree about the changes to the child custody order, you can file an uncontested modification case. If your ex disagrees, then the case will be contested. These cases typically go to a hearing, where a judge will hear evidence and make a decision about the request for modification.
For an uncontested case, you might think you don’t need a lawyer. However, because laws are so specific and issues might have changed, it’s important and helpful to have an Austin family law attorney review the terms of your agreement and assist you with the paperwork. If you have a contested case, then you should always be represented by legal counsel to protect your interests and advocate for the best interests of your child.
Child Support Modifications
Under Texas law, you can seek a modification of a child support order in either direction. In other words, the person paying child support (obligor) can ask to decrease the amount of child support paid. The person receiving support (obligee) can also ask the court to increase the amount of child support paid.
There are two situations where a court will modify a child support order. First, a court may modify a child support order due to a “material and substantial” change in circumstances. Second, a court may change a child support order as part of a three-year review.
For a change in circumstances, a court can change the amount of child support (upwards or downwards) based on a material and substantial change in circumstances for the child, a parent, or another person who is party to the child support order. The person who is seeking the modification has the burden of proving that this change exists.
A court will look at a number of different factors to determine whether there has been a change of circumstances that is significant enough to justify a change to the child support order. Examples of situations where a change is warranted include:
- There has been a change in the custody arrangement or living situation;
- The child’s medical needs and/or insurance coverage have changed;
- The obligor’s income has increased or decreased;
- The obligor has a new child/children; or
- The obligor is incarcerated.
For example, consider a situation where a child support order was entered when the obligor had a high-paying job in the tech industry. The obligor was laid off from their job and hasn’t been able to find a new position that pays anywhere near their old salary. In this situation, a court may decrease the child support order.
Child support may also change based on the Texas child support guidelines. If an existing child support order is at least three years old, then a court can review it. If the amount that the obligor would have to pay based on the guidelines would differ by at least 20% or $100, then the court will modify the existing child support order.
A three-year review is only available if the original child support order was based on the Texas child support guidelines. If you came to an agreement with your ex that was not based on the guidelines, then you will have to request a modification based on a material and substantial change in circumstances.
Guideline child support is based on three factors:
- The number of children who are part of the child support order;
- The number of other children whom the obligor must support; and
- The obligor’s net monthly resources.
If one or more of these factors change, then a modification may be entered by the court.
There are two options for modifying child support in Texas. You can either negotiate a change through the Child Support Review Process (CSRP) or petition the court for a modification. If you are able to agree with your ex, the CSRP process is usually faster and less stressful. For questions about modifying child support in Texas, reach out to our law offices to schedule a consultation with a member of our legal team.
Spousal Maintenance Modifications
In Texas, it is possible to modify a spousal maintenance (not contractual alimony) order if there has been a material and substantial change in circumstances. While the Texas Family Code does not define what constitutes a material and substantial change in circumstances, a court will examine a number of factors to determine if spousal support should be increased or decreased.
Spousal maintenance is meant to provide financial support to one spouse who needs it after a divorce. Certain changes can justify a modification to the order, such as:
- The remarriage of the recipient
- A significant increase or decrease in either party’s income
- Changes in employment status
- Significant changes in the financial obligations for either party
- A major change in the health or disability status of either party, although this does not apply to situations where the recipient becomes disabled after a divorce
For example, consider a situation where one party was a high earner at the time of the divorce, while their ex was a stay-at-home parent. The receiving spouse starts a business and ends up making far more money than the paying spouse. In this scenario, spousal support may be decreased or terminated entirely since the receiving spouse no longer needs the financial support.
To modify spousal maintenance, you will need to file a petition with the court that issued the original order. Generally, you will need evidence to support your record, such as financial records. If your ex does not agree to the change, then the case will likely go before a judge, who will issue a final order. If you are the paying spouse, you should not adjust the amount of spousal maintenance that you pay until that final order is entered.
It isn’t always clear when spousal maintenance can be modified. If you are paying or receiving spousal support and want to change the amount, our Austin spousal maintenance attorneys can help. We will talk you through your options and represent you in any court proceedings.
Considering a Modification? Reach Out Today.
Our legal system recognizes that things can and do change over time. If your family’s situation is no longer the same, our law firm can help you seek a modification of your child custody, child support, and/or spousal maintenance orders.
The Law Office of Jason Wright represents individuals and families throughout Central Texas in a variety of family law matters, including divorce, child custody, child support, and spousal maintenance. We can help you understand your rights when it comes to modifications and advocate for you throughout the process. To learn more or to schedule a consultation with an experienced Austin family lawyer, give us a call at 512-706-9662 or fill out our online contact form.