As with a marriage, not all court orders will last forever. If you are a parent with court orders to possession, conservatorship, and support, you are likely to modify these orders in the future. As your children and your parental situation changes, so do the orders need to shift to meet your family’s needs. Parents often re-marry, re-locate, change jobs, or have a shift in their financial situations. Oftentimes changes are more dramatic, with a need to modify the orders to protect their children from family violence, alienation, mental abuse, or a parent’s substance abuse problem. Sometimes a child’s own needs or wishes change and the court will need to modify the orders to reflect those. In all situations, you need counsel who will evaluate your case and your facts to ensure you and your family are protected.
Fundamentally, modifications to possession and custody require two findings: that there has been a material and substantial change in circumstances and that your requests are in the best interests of the children. With no real true definition for either of these legal requirements, your changes at obtaining or defending against a modification rests in how the facts are presented to the court and in obtaining counsel who can best highlight these things to the Court and opposing party.
While rooted solely in numbers, modifications to child support also require excellent knowledge of the law and application of the law to your case. In all instances, the Family Law attorneys at Hanshaw Kennedy Hafen are equipped to represent you and your family’s ever-changing needs.
Top Reasons for a Modification
Change in employment status (Unemployment)
Unexpected medical conditions
Changes to income
Changes in marital status
Any form of abuse or neglect of the child
Any substance/chemical abuse
If you have any concerns about the safety of your child or need help navigating your situation let the family law attorneys at Hanshaw Kennedy Hafen work to evaluate and achieve results.
*calculator source is found on the Attorney General of Texas website
If you are paid by the Hour
If you earn a salary
Choose the frequency of your paycheck.
Enter your gross wages paid each period.
If you are self-employed
Enter the average monthly self-employment income.
Court-Ordered Medical Support
If you are providing (or can provide) health insurance for your children, enter the monthly premium amount.
Current Child Support
Enter the number of children under age 18 in the child support order.
Enter the number of other children for whom you have a legal duty to support.
Enter your current court-ordered monthly child support obligation.
You may qualify for a modification if the projected child support obligation is either 20% or $100 higher or lower than your current court-ordered monthly child support obligation. Disclaimer
**For child support purposes, Net Resources = total earnings, minus Social
Security taxes, income taxes for a single person, and dependent health insurance; calculator
not for use if monthly net resources exceed $8,550 per Family Code § 154.125(a).