Legal circumstances can change over time, so court orders may need to be updated to reflect new realities. At Thaler Law, we are experienced in handling modifications for family law matters such as child custody, child support, and spousal maintenance.
Located in Georgetown, Texas, we strive to provide thoughtful, personalized support to help clients achieve favorable outcomes. We advocate for parents who want to protect their family’s rights and safeguard their interests while prioritizing children’s well-being.
Whether you're seeking to modify a custody agreement due to significant life changes or adjust child support based on financial shifts, our firm is here to guide you with professionalism and care. Reach out today to learn more about how we can help.
What Are Modifications?
Court orders issued in family law cases, such as divorce or child custody arrangements, are designed to provide stability and structure. However, changes in circumstances may require these court orders to be modified to serve the best interests of those involved.
Modifications are legal changes made to existing court orders. These adjustments are meant to address new situations that arise after the original order was put in place. Some court orders that can be modified include:
Child custody or visitation: If a parent needs to relocate or their circumstances have substantially changed, the existing custody arrangement may no longer work.
Child support: Parents may request a modification if their income significantly increases or decreases or the child’s financial needs change.
Spousal maintenance (Alimony): Post-divorce, a significant life event—such as the paying party losing their job or the recipient remarrying—may prompt a spousal maintenance adjustment.
Family Law Modifications?
When Should You Consider Requesting a Modification?
Courts generally require substantial evidence to justify modifying an existing order. Here are some common situations where changes may be considered necessary:
Substantial changes in a parent’s financial situation: Job loss, a significant salary increase, or major medical expenses can all affect a parent’s ability to pay child support or maintain the current custody structure.
Relocation: If a parent needs to move for work, family support, or other reasons, the existing custody or visitation schedule may no longer be reasonable.
Changes in a child’s needs: Your child’s medical, educational, or emotional needs may evolve, requiring adjusted financial support or new custody arrangements.
Changes in a parent’s fitness: If one parent's home environment becomes unsafe or unstable due to substance abuse, neglect, or other issues, a custody modification may be necessary to protect the child.
How to Request a Modification
To file for a modification in Texas, you will need to complete specific steps. These steps typically include the following:
Identify the need for change: Determine the specific adjustments required and the reasons why the current order no longer serves the intended purpose.
File a petition for modification: Your attorney will draft and file the necessary paperwork with the appropriate court. This petition should specify the changes you seek and the reasons behind them.
Present supporting evidence: Strong documentation—such as financial changes, proof of relocation, or evidence of a substantial change in circumstances—is needed to support your modification case.
Attend court hearings: A family law judge will review your petition and listen to arguments from both parties before making a decision.
Understanding Texas Laws Governing Modifications
Texas laws governing family law modifications seek to protect the stability of court orders while allowing adjustments in cases of significant change. The Texas Family Code sets clear guidelines for modifications in matters of child custody, visitation, and support.
Child Custody and Visitation
According to Texas law, custody or visitation orders can be modified only if a material and substantial change in the child's circumstances, a parent, or another affected party has occurred. For example:
A parent's relocation
Evidence that the current environment negatively impacts the child’s well-being
Changes to a parent’s work schedule that deeply disrupt visitation
The court will always prioritize the best interests of the child while considering a child custody modification.
Child Support
Under Texas law, child support orders can generally be modified if three years have passed since the last court order, and the difference between the existing order and the new guidelines is at least $100 or 20%.
Additionally, a modification could be granted if a material and substantial change in the parent's circumstances has occurred (e.g., job loss, significant changes in income, or new financial responsibilities like remarriage).
Spousal Maintenance
For spousal maintenance orders, modifications require a material change in circumstances such as a reduction or increase in income, a change in the health of one of the parties, or the recipient remarrying. These requests must be supported by clear evidence.
Modifications Attorneys Serving Georgetown, Texas
At Thaler Law, we strive to craft personalized solutions that address the needs of families. We help clients overcome challenges with thoughtful strategies that create meaningful, long-term outcomes.
We prioritize fairness, protection, and family well-being. By working closely with parents, we strive to create brighter, healthier futures for families while keeping the best interests of children at the forefront of every decision. Contact us today to learn more about how we can assist you.