A divorce decree or custody order isn't always the end of the story. Jobs change, parents move, children grow up, and sometimes a former spouse simply stops following the order. Attorney Jesus R. Lopez helps San Marcos and Hays County families modify orders that no longer work and enforce orders that are being ignored.
Modifying a custody or support order
To change custody or a possession schedule, Texas generally requires a material and substantial change in circumstances since the last order, and the change must be in the child's best interest. Common reasons include:
- A parent relocating, or a change in a parent's work schedule
- A child's changing needs as they get older
- Concerns about a child's safety or well-being in one home
- A child 12 or older expressing a preference about where to live
- The parent with primary residence voluntarily giving up care of the child for six months or more
Child support can be modified after a material and substantial change, or after three years if the guideline amount would change by 20% or $100. Court-ordered spousal maintenance can also be modified in some situations.
Enforcing an order
If the other side isn't following your order, you don't have to accept it. Depending on the problem, enforcement options include:
- Contempt of court: fines or jail for violating a specific court order
- Income withholding for unpaid child support or maintenance
- Judgments for past-due support, with interest
- Make-up possession time when a parent was wrongfully denied visitation
- Orders to transfer property awarded in the divorce, such as a vehicle, retirement funds or a house
Some enforcement actions have deadlines. For example, a suit to enforce the division of tangible personal property generally must be filed within two years. Read more in our guide to enforcing divorce orders in Hays County.
Don't fix it yourself
Informal agreements to change the schedule or support amount aren't enforceable unless they're made into a court order. Withholding the children because support isn't paid, or stopping support because you're not seeing the children, can get you in trouble. Talk to a lawyer first.