Are you wanting to change the terms of an order? Do you believe child support should be increased or decreased? Do you want to modify conservatorship or the visitation schedule in place for your child? You can trust The Báez Law Firm to provide you with the best legal representation possible. We have the experience, legal skill and expertise to help you fight for what you need.
What is a modification?
If you would like to change the terms of an order, that order must be modified by a court.
What can be modified?
A person may seek to modify child support, conservatorship, possession and access to your child (visitation).
What must you show to modify an order?
In order to modify an order entered by the court, the person seeking the modification must meet certain “grounds” or requirements.
Modifying child support:
A person may seek an increase or decrease in child support. A child support order may be modified if it has been three years since the order was originally rendered or modified by the court and the increase or decrease in child support would differ by 20% or $100 from the current awarded amount. Child support may also be modified if there has been a material and substantial change of circumstances of the child or the obligor (the person ordered to pay child support). There can be a number of ways a material and substantial change has occurred. This can include:
- A parent being released from incarceration
- Incarceration of a parent
- Change in conservatorship
- Change in paternity
- Change in the child’s needs
- Change in financial situation
- Change of employment
Modifying conservatorship, possession and access to your child:
Generally conservatorship, possession and access to your child may be modified if:
- The parents are in agreement of the modification and it is in the best interest of the child
- The child prefers to live with the other parent, the child is at least 12 years old and the modification is in the best interest of the child
- The parent establishing the primary residency of the child has voluntarily relinquished their rights for at least six months and the modification is in the best interest of the child
- There has been a material or substantial change in circumstances of the child, the parent establishing the primary residency of the child, or another party affected by the order and the modification is in the best interest of the child.
A material and substantial change in circumstances can include:
- Change in the child’s age and needs
- Incarceration of a parent
- Relocation of a conservator
- Preference of the child to live with the other parent
- Abuse or neglect of a child
There are special provisions in the Texas Family Law Code for grandparents and siblings who wish to modify the conservatorship and possession and access to a child.
If you have any questions regarding filing a modification suit, call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777