Texas parents may not realize that child support and custody orders are not written in stone. They can be modified as the circumstances of parents and children change.
Children grow up. When they’re in school, it may make more sense for them to live mostly with one parent, rather than rotating homes once a week. The parent who pays child support may be making more money than when the support order was signed, or they may have lost a job, making less money available to pay child support.
Since a Texas court approved the original child support and custody agreement, the court also will have to approve any modifications to the order. Even if both parents agree to the change, the court still needs to approve the modification; changes will not be valid until this is done.
The parent who wants the change needs to file a Petition to Modify the Parent-Child Relationship with the court clerk in the county where the original order was filed. If the child has moved to a different county or from out of state to Texas, the parent can file paperwork to change where the petition is filed. The next step is to file an Order in Suit to Modify the Parent-Child Relationship for the judge to sign.
Things can get complicated when one parent does not agree to the modification. This contested procedure may require more paperwork and even a trial. Parents may not need an attorney when both agree to the changes. However, parents may find they need advice and assistance from a family law attorney to make sure all documents are done right and court dates are kept when they can’t agree on the proposed modification.
To learn more about changing a Texas custody or support order, call Sisemore Law Firm, P.C. at 817-336-4444.
Source: TexasLawHelp.org, “How do I change custody and child support orders?”, January 04, 2015