Dallas Divorce Modification Attorney

Do You Need to Modify Child Support, Custody, or Alimony After a Divorce?

During a family court case, the judge will issue court orders for family law matters such as child custody, alimony, child support, and visitation. After the divorce process is over, you or the other party may experience a change in circumstances that affects your ability to comply with divorce orders. Failing to comply with a court order can result in significant legal penalties. 

Our Dallas divorce modification attorneys at OWLawyers® can help if you can't meet the requirements of a divorce order due to changes in your income, location, or other aspects of your life. As seasoned divorce modification lawyers in Texas, we can assist you in requesting a modification so that your court orders reflect your current circumstances, enabling you to move forward with confidence.

When Can I Have a Divorce Order Modified?

To secure a modification of a divorce order, you must demonstrate to the Texas family court that you have experienced a significant change in circumstances. For example, if you have custody of your child and need to relocate while the other parent has visitation rights, you can request a modification to the visitation order if you can show the court that your current situation requires an adjustment. 

Texas Family Code Section 156 provides the legal standard for modifications, describing when courts will deem a change to be substantial and material. Factors reviewed include employment changes, significant health needs, remarriage, and necessary relocations. 

You may also be eligible to modify a child support or alimony order if you have lost your job or your income has changed, making current payments unaffordable. A Texas court will require evidence of your financial changes to consider a reduction or adjustment in support obligations.

Child Support Modification in Texas

In Texas, a child support order is only eligible for modification if one (or more) of the following applies:

• The order was established or last modified more than three years ago.
• The monthly amount differs by either 20% or $100 or more from what would be awarded under Texas child support guidelines; or
• A material and substantial change in circumstances has occurred.

A “material and substantial change in circumstances” may involve circumstances such as a noncustodial parent's income increasing or decreasing, responsibility for additional children, changes in the child’s health insurance, or the child’s living arrangements changing. 

How to Modify Child Custody in Texas

Child custody—referred to as conservatorship in Texas—can be modified until the child reaches 18 years of age, provided you meet the legal requirements. To seek a change, a parent must demonstrate that there has been a “material and substantial change of circumstances” affecting one or both parents or the child. Additionally, the modification must be in the best interest of the child, as required by Texas law. 

The modification process starts with filing a petition to alter the prior court order. The steps that follow are similar to other civil cases, including service of process, time to respond, and a right to a trial if no agreement can be reached. 

Frequently, custody or conservatorship modifications coincide with changes to child support. The required “material change” could be an obligor parent receiving a higher-paying job, leading to an increase, or facing unemployment, resulting in a decrease. Modifications may also be sought for schedule adjustments or to alter the child’s primary residence. 

Understanding the Modification Process: What You Need to Know

Navigating the complexities of family law can be daunting, especially when it comes to modifying court orders. At OWLawyers, we believe that knowledge is power. Understanding the modification process can help you make informed decisions and avoid unnecessary delays. Here’s a brief overview of what to expect:

• Gather Necessary Documentation: Collect all relevant documents, such as previous court orders, financial statements, and any evidence that supports your request for modification.
• File the Appropriate Motion: You will need to file a motion with the court detailing your reasons for modification. Our experienced attorneys can help ensure that your motion is completed accurately and comprehensively.
• Attend the Hearing: A court hearing will be scheduled where both parties can present their case. Having our knowledgeable Dallas divorce modification lawyer by your side can greatly influence the process and help protect your interests.
• Follow Up: Once the court has made a decision, it’s important to follow up and ensure the modifications are implemented correctly and timely.

With our team at OWLawyers, we guide you through every step of the modification process, protecting your rights and advocating for your best interests. We’re here to help you secure the best possible outcome for your family under Texas law.

Frequently Asked Questions

Can temporary orders be granted while a modification case is pending in Texas?

Yes, Texas family courts—including those in Dallas County—have the authority to issue temporary orders during the pendency of a modification case. Temporary orders exist to maintain stability for children and families while the final hearing is still pending. These orders may set out temporary custody (conservatorship), visitation, or child support arrangements until a final order is achieved. The party seeking a temporary order must provide a clear, compelling reason that the change is necessary prior to the case resolution. At OWLawyers®, our divorce modification attorneys in Texas assist clients in preparing motions for temporary orders, ensuring your urgent needs are supported throughout the duration of your case.

What happens if the other parent contests the modification in Dallas County?

If the other parent contests your modification request, the case generally proceeds to a contested hearing before a Dallas County family court judge. Both sides are expected to present evidence and testimony to support their respective positions. The judge evaluates factors including the credibility of each party, how the modification could impact the child, and compliance with Texas Family Code Section 156. You may also be referred to mediation to attempt a resolution prior to a full hearing. At OWLawyers®, our divorce modification attorneys in Texas work closely with clients to prepare comprehensive documentation, articulate persuasive arguments, and guide them through every court appearance and mediation session, aiming for a fair and enforceable result.

Is there a waiting period before you can request a modification of a prior order in Texas?

Often, Texas law imposes a waiting period before the court will consider a modification, particularly for custody or child support orders. For custody matters, you typically need to establish that your requested change is in the child’s best interest and that a substantial and material change in circumstances has occurred since the prior order. There are also limitations on repeated filings within a short time frame, with exceptions for situations involving child endangerment or mutual agreement.