Modifications

Family Law Modification Attorneys in Fort Worth

Need to Make Changes to an Existing Court Order in Tarrant County?

The divorce agreement you signed off on is not a permanent and unchangeable burden. Sometimes either party must modify their divorce agreement due to unforeseen personal circumstances. You can depend on Law Offices of Mark M. Childress, PLLC to help you determine if your situation warrants a modification and your best course of action.

If you have questions about divorce order modifications in Fort Worth, turn to the Law Offices of Mark M. Childress, PLLC. We can address your concerns, advise you of your options, and help you pursue an outcome that reflects your current reality.

Need help modifying a divorce or family court order due to a change in circumstances? Call (817) 497-8148 to discuss your options with our Fort Worth family law modification attorneys.

The Modification Request Process

Texas statutory law defines how a modification request may be filed and under what circumstances. A modification that reduces an ordered amount of financial support may be granted if the person who is affected by the order files a motion requesting the modification. Likewise, a child custody, visitation, or access order may be modified if either party can provide evidence of personal circumstances that warrant this modification.

Child Support Modifications

Child support is calculated based on a parent's income and his or her ability to pay. If you have suffered a significant decrease in income due to unemployment, a disability, or another misfortune, we can help you seek a reduction in your child support obligations to match your current circumstances. We can also represent you if you believe your former partner’s child support obligations are too low.

Likewise, if either party has experienced an income increase, we can help seek a modification. For example, say the party who receives child support is the sudden recipient of an inheritance. This financial increase means the paying party may be able to lower their monthly payment.

Spousal Support Modifications

Similar to child support, the modification of spousal support requires a significant change in circumstances. But unlike child support, a drastic loss of income could actually result in the cancellation of support altogether.

Keep in mind, however, that changing careers or quitting a job for the sole purpose of reducing or eliminating spousal support obligations will be frowned upon by the court and will not alleviate your maintenance obligations. Until and/or unless a court grants a requested alimony modification, the payer must continue making payments as ordered.

Child Custody & Visitation Modifications

Child custody modifications are only approved if the seeking party can prove their need for this change to the order. Any modification to a parent’s responsibilities or the structure of the parent-child relationship must be shown to be in the child’s best interest. Additionally, the proposed modification must illustrate a material and/or substantial change in finances or home environment to warrant this legal process.

For example, a parent can seek to have another parent's visitation supervised by an impartial third party due to evidence child and/or substance abuse. In some circumstances, the supervised party can petition for modification once they are able to prove they have made the appropriate changes to their life.

Contact Our Firm Today

If you are considering seeking a modification to an existing support, custody, or visitation order, we can walk you through the process. Our divorce order modification lawyers in Fort Worth have represented numerous people in these kinds of matters and know how to build a strong case on your behalf. We represent clients in Tarrant, Parker, Johnson, Wise, Hood, Denton, Somervell, and Jack Counties.

To learn more about how we can help you meet your goals, contact us at (817) 497-8148 for your case evaluation.

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Value a capable team with experienced staff. For the past 9 months, the folks at the Law Offices of Mark Childress handled my case with class and empathy. My questions were heard and answered without having to ask twice. I felt like I was kept in the loop and always briefed properly. As I move forward with other ventures I wouldn't be surprised if we crossed paths again. And hats off to Konner, THANK YOU!

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I needed an attorney who would stand up for me and my child during a very hard time. Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client. He was very knowledgeable not only about the law but about the opposing attorney and the judge. He prepared me well and we won our case. I would recommend Mark Childress to anyone who is fighting for custody or in need of child support.

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I called in inquiring about a divorce and how it all happens. I had 2 people call me back within an hour and in an hour maybe 2 I was talking with the lawyer. I highly recommend him and his staff. They are courteous, prompt and they care. Divorce is the hardest thing we will go through minus losing a kid and his team will be retained. He even called me back himself the next day to see how I was. Great service.

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This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years. He had my case figured out in 1short conversation and had what he called "a convoluted mess" fixed. I'm pretty sure my ex felt like he'd been hit by a bus. My family is finally in tact and everyone is finally happy.

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Modifications FAQ

Can spousal support be modified in Texas?

Yes, spousal maintenance can be modified if there’s a substantial change in circumstances, such as a change in the paying spouse’s income or the recipient’s financial needs.
What constitutes a “material and substantial change” in circumstances?

Examples include a parent’s relocation, a parent losing their job, changes in the child’s health or educational needs, or a parent engaging in behavior harmful to the child (e.g., substance abuse).
What types of court orders can be modified in Texas?

Court orders related to child custody, visitation, child support, and spousal support (alimony) can typically be modified if circumstances change significantly.
How do I file for a modification of a court order in Texas?

You’ll need to file a petition to modify the court order in the same court that issued the original order. A hearing may be required, and evidence of the change in circumstances will need to be presented.
Can the other parent and I agree to modify the court order without going to court?

While you can agree to changes, you still need the court to approve the modification and issue a new order. Without court approval, your agreement isn’t legally enforceable.
How long does the court order modification process take?

The timeline can vary, but it typically takes a few months. If both parties agree to the modification, it may be quicker. If there’s a dispute, it could take longer and may require mediation or a court hearing.
Do I need an attorney to request a court order modification?

While not required, having an attorney can ensure that your modification request is properly filed and increases the likelihood of a successful outcome, especially if the other party disputes the change.
Can child support orders be modified?

Yes, child support orders can be modified if there has been a material and substantial change in circumstances or if it's been three years since the last order and the new guidelines would differ by $100 or 20%.
Do I have to wait a certain amount of time before requesting a modification?

Generally, there is no waiting period for requesting modifications, but in child custody cases where you are wanting to flip custody there is a much higher standard that must be met if we file within one year. One of our custody attorneys can discuss the ramifications of this during a free initial telephone consultation.
Can a child’s preference affect a custody modification in Texas?

Yes, in Texas, if the child is 12 years or older, the court may consider their preference when deciding on a modification of custody or visitation, but the child’s preference alone is not determinative.
What happens if I move out of state—can I still request a modification?

If you move out of Texas, you can still request a modification, but you may need to file in the state where the original order was issued, unless jurisdiction is transferred.
Can the court order be modified temporarily?

Yes, in some cases, you can request a temporary modification (such as in cases of illness, short-term relocation, or emergencies) until a final decision is made.
What evidence is needed to support a modification request?

You’ll need to provide evidence of the substantial change in circumstances. This may include financial records, medical reports, school records, or testimony from witnesses who can attest to the changes.
Can a court order modification be backdated?

Generally, court order modifications are not backdated; they take effect from the date the petition is filed. Any obligations prior to the modification request typically remain enforceable.
What if the other parent doesn’t follow the modified order?

If the other parent fails to follow the new court order, you can file a motion for enforcement, which may result in fines, penalties, or even jail time for noncompliance.

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