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Even though the law or the terms of your divorce agreement may seem strict, allowances have to be made for the fact that circumstances change. Sometimes individuals are not able to upkeep previous court orders concerning child support, spousal support, or child custody.
If you find yourself in this situation, don’t give up hope. With help from the team at Blanchard & Thomas, you can work to better match your responsibilities and legal obligations to your new circumstances. We are backed by years of experience and prioritize your needs above all else.
Texas Family Code chapter 156.401 outlines the legal standards for modifying child support.
In general, at least one of the following must be proven to modify support:
Substantial change is not defined in this section of the code and therefore the court has to determine whether the change was significant enough.
Similar to the modification of child support, modification of alimony involves establishing that your circumstances have undergone a substantial change and that you are unable to maintain the same level of support. It is important to note that if you are the one receiving support, you cannot increase the amount of alimony you receive if your circumstances change.
Modification of child custody can be complex, especially because the court typically wishes to have children remain in a stable environment for as long as possible. If custody changes too often, it can have a negative impact on the children involved. However, the order is not entirely set in stone and there are circumstances in which custody can be modified.
The parent who wishes to modify custody must prove the following:
If the child doesn’t wish to change who has primary custody or is under 12 years old, it must be proven that substantial changes have affected the situation in a way that would impact the best interests of the child.
Examples of material and substantial change would include:
Whatever circumstances you face, our firm can provide you with the legal guidance you need. We focus on building relationships with our clients that are founded on total honesty and mutual respect. When it comes to family law issues, tensions can be high and we seek to relieve you of some of the burdens you carry and work to achieve a positive outcome.
Contact us today at (866) 219-6119 to speak with a skilled Texas divorce lawyer about your needs.