Modification of Orders
Turner-Monahan, PLLC, Dallas-Fort Worth Metroplex Lawyers
Modifcation of Orders
Under Texas law, an order may be modified in relation to conservatorship (custody), child support and spousal maintenance.
Modification of Divorce Decrees and Custody Orders
Upon a final divorce decree or final orders in a suit affecting the parent-child relationshp being signed by the Judge, it can only be modified under certain circumstances. There are several factors that the party requesting a modification (movant) must show. First, the modification must be in the best interest of the child(ren). Additionally, the movant must show that either there has been a material and substantial change in circumstances since the time the original order was signed, that a child that is at least 12 years old wishes to change the custody arrangement, or that the custodial parent has relinquished the care and possession of the child to another person for at least 6 months. If the movant can prove one of the previously described circumstances, he or she is entitled to a modification of the prior order. (Texas Family Code Sec. 156 Child Custody)
Modification of Spousal Maintenance
In Texas, spousal maintenance may be terminated when the spouse receiving support dies, remarries, or cohabitates with a significant other. Spousal maintenance may be modified if there is a material and substantial change in circumstances after the date the spousal maintenance was ordered. If you believe your spousal maintenance obligation should be modified or terminated, contact our offices today to assist you in filing a motion to reduce or terminate spousal maintenance. (Texas Family Code Sec. 8.057. Spousal Maintenance Modification)
Modification of Child Support
Child support may be modified in two circumstances if it is in the best interest of the child: (1) there has been a material and substantial change in circumstances since the date of the original child support order, or (2) it has been three years since the date of the previous child support order. Child support may be increased or decreased depending on your current financial situation and the needs of the child(ren). (Texas Family Code Sec. 156.401. Child Support Modification)
The attorneys at Turner-Monahan, PLLC have extensive experience in the area of modification of divorce decrees and child custody orders.
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