San Marcos Family Law Modifications Lawyer

Attorney for Modifications to Divorce or Child Custody Orders in San Marcos, TX

A divorce decree or child custody order will be based on the circumstances of a family at the time the order was signed by a judge. However, the lives of family members will not stand still after that. When the terms of an order no longer fit a family's reality, parents or former spouses may ask the court to make changes.

At Hill Family Law, PLLC, Matthew J. Hill works with clients in San Marcos who have encountered issues that will require updates to family law orders. He can gather financial records, school reports, and other evidence to show that modifications are necessary, and he will work to put the changes in place that will meet a family's needs. He can also help clients determine the best ways to respond to modification requests from ex-spouses or co-parents.

Court Orders That May Be Changed

Several types of orders issued by family courts can be revisited, including:

Conservatorship

Conservatorship covers the rights and duties of each parent, including who will make medical and educational decisions for children and who has the exclusive right to decide where a child will live most of the time. In some cases, a parent who shares joint managing conservatorship of their child may ask to become the sole managing conservator. In others, modification requests may address the details about how parents make child-related decisions.

Possession and Access

These terms of a child custody order describing when a child will live with each parent may be modified when necessary. A schedule that once worked may become impossible after a parent moves or experiences changes in their work schedule. Parents may request changes to weekends, holidays, summer time, or other times they spend with children, or a parent may request conditions such as supervised visits when safety is a concern.

Child Support

Child support may be raised or lowered when a parent's income changes. A parent may request a modification after losing their job or in other situations that make it difficult to pay the ordered amount of support. Changes to a child's needs may also be a reason to modify child support. Health insurance and medical support obligations can also be updated as needed.

Spousal Maintenance

Court-ordered spousal maintenance may be modified based on changes in either party's circumstances. A person may request changes to the amount of support based on changes in their income or needs. Steps may also be taken to terminate alimony if the recipient can support themselves or has begun living with a new partner.

Evidence Needed in Modification Requests

Changes to Custody and Visitation

A parent who is asking for a change to conservatorship or possession and access will need to demonstrate that the modification will be in the child's best interest. Modification requests may be based on changes in a family's circumstances. In some cases, the preferences of a child who is at least 12 years old may be considered, although this may not be the only deciding factor when determining whether child custody may be modified. A parent may also request a modification if the other parent voluntarily gave up care of the child for at least six months.

Changes to Child Support

In general, child support can only be modified if there have been substantial changes to the circumstances of either parent or a child. A parent will usually need to provide evidence of their actual income, such as pay stubs or tax returns. This may allow for adjustments to child support based on the parent's net resources. Evidence related to a child's needs may also be provided, such as medical bills or documentation of health insurance.

Why Informal Agreements May Not Address Modifications Correctly

In some cases, co-parents or ex-spouses may discuss modifications and agree to make changes between themselves. They may believe that they can follow these agreements without the need to go back to court. However, informal arrangements are not enforceable. If a person violates the order put in place by a court, they could face potential penalties.

Our lawyers can help clients determine what steps to take to ensure that agreements will be enforceable. He can make sure the right petitions and documentation are filed in court to ensure that a binding court order will be put in place. This can help avoid disputes in the future while ensuring that a person's rights and a child's best interests will be protected.

Contact Our San Marcos, Texas Family Law Modifications Attorney

When your family's circumstances have changed, you may need to make updates to court orders. Whether you need to adjust a custody arrangement, update child support payments, or respond to a modification request from the other party, Hill Family Law, PLLC can work with you to make sure these issues are handled correctly. Contact our San Marcos, TX post-divorce modifications lawyer at 830-229-2129 to arrange a free consultation.