League City Modifications Attorney
Handling Custody and Divorce-Related Modification Requests in the League city, Friendswood and Clear Lake Areas
Did you know that certain family court orders can be modified? Some people are stuck with confusing child custody orders, burdensome child support obligations, or inappropriate spousal maintenance payments for years. You don’t have to suffer and feel helpless. An experienced League City family law modifications attorney can help you seek modifications of these orders from the court after your divorce is finalized.
Section 156.101 of the Texas Family Code allows a judge to grant a change in conservatorship (legal custody) or change a visitation schedule (physical custody). In order to do so, the court must find that the circumstances have “materially and substantially changed” since the original custody orders were issued by the court (or agreed to by the parents in mediation). An example of a material change would be if a parent developed a drug or alcohol problem, and the other parent sought full custody. A recovering parent could also seek joint custody after proving his or her sobriety.
Some custody changes can be arranged by the parents without court intervention. If, for example, one parent’s work schedule changes, and the parents agree to modify their visitation schedule accordingly, this can be done by agreement without a formal court order. But if the parents disagreed over whether the visitation schedule should be changed, they might need to take their disagreement to the family court. This often happens if one parent is seeking increased visitation hours, and the other parent opposes that request.
Child support is based on (a) the amount of visitation a parent has with a child, and (b) each parent’s income relative to their combined total. If either of these factors changes, either parent can petition the court to modify the existing child support order. Not every change in a parent’s life will be sufficient to support a change in child support. If, for example, a parent voluntarily takes a lower-paying job, the court may still require that parent to pay child support based on the income he or she could be earning. It is important to get a lawyer’s opinion about your particular situation before asking the court to modify your child support obligation.
Alimony is based on one spouse’s ability to pay and the other spouse’s need for support. Because these circumstances change, either spouse can ask the court to modify an alimony award based on a “material and substantial” change in the parties’ circumstances. For example, a voluntary change in jobs is usually not enough to support a modification. But if one spouse becomes disabled and is permanently unable to work, this would be a significant change to his or her earning capacity. Alimony is highly dependent on the facts of a particular case, so be sure to have an attorney review your situation before you go to court.
The Right Divorce and Custody Modification Attorneys for League City, Friendswood and Clear Lake Area Cases
Attorney Rob Musemeche is an experienced League City divorce attorney. He can help you modify divorce orders in order to save years of financial burden, stress, and heartache. Call 281-475-4145 or contact us online to schedule your consultation.