Modification of Orders

Modification of Orders Attorney in Corpus Christi, Texas

In family law, modification of orders occurs when the supervising court changes the existing orders of child support and visitation.

A court may modify orders on its own for the best interest of the child, or at the request of one or both parents.

There are specific grounds for modification of custody and visitation orders in Texas which include:

  • The changes are in the best interest of the child
  • Material and substantial changes in circumstances
  • A written request by any child over 12 years old
  • A conservator or one with responsibility has given up care of the child for six months

For modification of orders requested within 12 months of the first order, one must also show:

  • Changes affecting the physical or emotional health and safety of the child
  • That the request for change is in the best interest of the child

Modifying orders of child support have different requirements, and the minimum amount of child support is set by statute.

Only future payments can be modified, and past support orders must be adhered to in the case of missed payments.

There is some latitude to change child support orders after three years, or if the income has changed substantially. Any change that would either increase or decrease support by 20% can be reviewed and modified.

Due to the personal and financial effects of modification of orders, a parent should be represented by a family law attorney with experience in the Texas statutes and rules surrounding modification.

Any modification will be binding with the same force as the original orders, and should not be taken lightly.

Bobby Bourlon has the background as a family law attorney to make certain that any modifications to orders do not compromise the rights of his clients. In some cases, a request for modification may not be supported by the facts, and he will force the other party to show that a material and substantial change has occurred.

Please call today for a free consultation at 361-289-6040.

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