Plano, TX Order Modification and Enforcement Lawyer

Family Law Attorney for Modifying and Enforcing Support and Custody Orders in Collin County

If you are subject to a divorce decree or a child support or custody order, the terms are likely heavily influenced by your personal and financial circumstances at the time the order was issued. However, your circumstances are almost certain to change in some ways as time goes on, and these changes can make it difficult for you to abide by the original order. If you fail to follow the terms of a court order, you can face enforcement actions and serious consequences. However, it is often possible to modify an order to prevent hardship and avoid costly penalties.

At the Law Office of Brian Bagley, we represent clients in family law and divorce order modification and enforcement cases. We can help you understand whether you have a case for legal action, and if so, we will work with you to prepare your case to present in court. We have 10 years of legal experience, and we strive to understand your personal needs so we can put our knowledge and skills to work on an appropriate solution for you.

Family Law and Divorce Order Modifications in Texas

According to Texas law, several types of family court orders can be modified in the years following their establishment. You may be able to agree to a modification with your former spouse or your child's other parent, or you may need to petition for a modification in court. In either case, the court will usually only approve a modification if you can demonstrate that a substantial change in circumstances has occurred for you, your child, or the other party.

In Texas, modifications are possible for orders addressing:

• Spousal support - If spousal maintenance is ordered or agreed to in a divorce, the amount and duration of payments can be modified in response to changes to a spouse's income and employment, their education and employability, or their health, needs, and ability to provide for themself. Maintenance can also be terminated if the receiving spouse remarries.
• Child support - The terms of a child support order may be modified due to changes in the child's needs, the paying parent's income, or the child's custody arrangements, for example. In addition to situations involving a substantial change in circumstances, child support orders can be reviewed after three years to ensure they are consistent with the state's current guidelines.
• Child custody - Many elements of a child custody order can be modified, including visitation schedules, parenting plan details, and the terms of a joint or sole managing conservatorship. Changes may be justified if the routine of a parent or child changes, if a child reaches the age of 12 and expresses their own preferences, or if a parent's behavior endangers a child. Certain types of modifications, like a significant change in the child's primary residence, have a higher standard for court approval.

If you are seeking a modification to any of these orders, you should be sure to follow the original order until the modification is approved by the court. Keep in mind that modifications are sometimes retroactive, so you could be entitled to reimbursement for support payments you make after the date of your petition.

Enforcement of a Texas Family Court Order

If a person is subject to a family court order and fails to uphold it without obtaining approval for a modification, the other party can take legal action to enforce the order. This is true for the types of cases mentioned above, as well as for court-ordered property division in a divorce. If you want to petition for enforcement, you will need to explain how the other party violated the order and provide supporting evidence, as well as specify the type of relief you are seeking. For example, if your child's other parent has failed to pay child support, you may seek compensation for all past-due payments. Or, if your child's other parent has failed to follow the visitation schedule, you may seek additional time with your child to make up for it.

If you are the subject of an enforcement action, you should be sure to respond promptly and work with an attorney who can help you protect your interests. You could be subject to liens and other financial consequences, as well as charges of contempt of court, which could lead to penalties including fines, community supervision, and even imprisonment.

Contact a Denton County Post-Decree Proceeding Attorney

If you need legal representation in any modification or enforcement proceeding after your divorce or child custody order, we can help. Contact us today at 972-422-2424 to schedule a free consultation and learn more about our services. We represent clients in Lucas, Sachse, Wylie, Murphy, Parker, Plano, and throughout Denton County, Collin County, Tarrant County, Dallas County, and the surrounding areas.