Modifications And Enforcement Lawyer in Sherman
When a divorce is finalized, the orders that are established represent the circumstances that existed at that time. In the years that follow, however, it is possible for circumstances to change to the point where the original orders can no longer be accommodated. In situations like these, it is sometimes possible to have the original orders modified by the court.
Requests for modification are not automatically approved in Texas, and the assistance of an experienced family law attorney can give you a better chance of obtaining a favorable outcome. At Jeremy J. Poet Law Firm, PLLC, we offer clients a great deal of experience representing clients in modification requests. We understand the criteria used to review these requests, and we know how to present a compelling argument in support of your position.
What Can Be Modified?
There are only certain aspects of your final orders that can be modified. A substantial change in circumstances can create grounds for a modification of the child custody, child support or alimony orders. We take the time to conduct a thorough review of your circumstances and advise you on the strength of your claim. If you have a compelling case for a modification, we will take care of filing the petition with the court and represent you throughout the process.
Enforcement Of Orders
If your spouse is not complying with any aspect of your divorce decree, you have the right to petition the court for help. We have successfully represented parties on both sides of these disputes. Whether you need help enforcing a support, custody or property order, or you need to respond to a noncompliance complaint, we are prepared to provide the representation you need.
Frequently Asked Questions About Modifications And Enforcement
Our clients often have questions about modifying existing court orders and enforcing compliance when former spouses fail to meet their obligations.
What is the process for modifying a child support order?
Modifying a child support order requires filing a petition with the court and demonstrating a material and substantial change in circumstances. Texas law typically requires at least a 20% increase or decrease in the support amount or three years since the last order to justify modification. Common reasons include job loss, significant income changes, changes in custody arrangements or altered medical needs of the child.
The court will review both parents’ current financial situations, including income, expenses and the child’s needs. You must provide updated financial documentation such as pay stubs, tax returns and proof of expenses.
How can I enforce a custody or visitation order in Texas?
When a parent violates custody or visitation orders, you can file a motion for enforcement with the court. Texas courts take violations seriously and may impose penalties including makeup visitation time, attorney fees, fines or even jail time for willful violations. Document all violations with dates, times and specific details of noncompliance.
The same enforcement mechanisms apply to child support orders. Courts can garnish wages, seize assets, suspend driver’s licenses or professional licenses, and report delinquencies to credit agencies.
Can modifications include changes to spousal support or property rights?
Spousal support modifications are possible when circumstances change substantially such as job loss, disability, remarriage or significant income changes. However, property division from the original divorce decree typically cannot be modified once finalized, as it represents a final settlement of marital assets and debts.
How can an attorney help with the modification and enforcement process in Texas?
An experienced family law attorney understands the specific legal standards Texas courts apply to modification and enforcement requests. We can evaluate whether your circumstances meet the legal threshold for modification, gather necessary documentation, file proper petitions and present compelling arguments to the court. Having legal representation significantly improves your chances of achieving favorable outcomes in these complex proceedings.
Contact Us About Your Modification And Enforcement Case
We offer a free initial consultation where you can get your modification and enforcement questions answered and learn more about your legal options. You can schedule an appointment with a lawyer at our Sherman office by calling 903-357-5269, or via email by completing the form below.