Requirements For Modifying An Existing Order

Life changes with a layoff notice or sickness in the family. It may become impossible to keep up with child support payments or continue with an existing visitation schedule. Any family law court order modification to custody (conservatorship), visitation or support provisions must be approved by a Texas judge.

At W. Tyler Moore, PC, we have helped families in Houston and throughout Harris County obtain modifications. With more than 40 years of family law experience, our attorney can provide you with practical advice and assist you through the process.

What Is A Material Change Of Circumstances?

As with many concepts in the law, this requires a case-by-case review. Generally, the change needs to be major, such as a job loss.

The timing is important. The change cannot be something that was known about or anticipated at the time of the Marital Settlement Agreement or final decree is approved.

Modifying Visitation Or Child Support

What makes a visitation order unworkable or makes it inappropriate? A common reason that makes a schedule unworkable is a move across the state or out of state. If the parent with visitation rights routinely fails to exercise them or struggles with mental illness or develops a substance abuse problem, an existing schedule may no longer be appropriate.

With child support there are some additional requirements. At least three years must have passed since the last child support order. The child support guidelines amount needs to change by more than 50 percent or $100 as well.

Get Sound Legal Advice

Please discuss your situation with our lawyer to find out whether a modification could help you. Schedule a consultation at 713-929-2242 or send an email.