In Texas, family law and divorce matters such as child support, child custody, and spousal support are governed by specific laws and guidelines. These laws provide guidance on how to initiate legal proceedings to obtain orders related to family matters and how modifications to these orders can be sought. Keeping the child’s best interests at the forefront, the Texas family courts recognize that changes in circumstances can occasionally necessitate court orders to be changed. Today, we will discuss when and how modifications can be made to child support, child custody, and spousal support orders in Texas. If you need to modify an order, contact a family lawyer to start the modification process. 

Modifying Spousal Support 

In Texas, spousal support orders can be modified or terminated under certain circumstances. Under Texas law, the court may modify a spousal support order if either party can demonstrate a substantial change in circumstances. Events that qualify as substantial may include losing your job, a significant reduction in income, the receiving spouse’s remarriage, or a dramatic increase in health expenses. Since spousal support is awarded based on the need of one spouse and the ability of the other spouse to pay, changes in these factors can justify a modification or termination of the spousal support order. It is important to note that the party seeking modification must provide evidence that a change has occurred that has affected the situation’s circumstances, thereby making necessary the need to modify the spousal support order.

Modifying Child Support

Like spousal support, child support orders can be modified if there has been a significant change in circumstances, such as job loss, increased expenses, or a change in custody arrangement. A parent can file a petition to modify child support, and the court will require the filing parent to show evidence of the change in circumstances. These circumstances must demonstrate a change significantly impacting the child’s needs. Modifications must be filed in court, and it is recommended to consult with an experienced family law attorney while initiating the petition for modification. 

Child protective services (CPS) is a state agency that is responsible for investigating allegations of child abuse or neglect in Texas. If you are a parent or guardian, it is important to understand how CPS works and what you can do to protect your child. Along with contacting CPS, it is also strongly recommended that you hire a family law attorney to ensure you have a legal professional on your side to ensure steps can be successfully taken to ensure the child in question can receive the protection they need and deserve. 

CPS in Texas

First and foremost, it is essential to know that CPS takes all allegations of abuse or neglect with the utmost seriousness and will investigate each claim thoroughly. If you or someone else has been accused of abusing or neglecting a child, CPS will conduct an investigation to determine the claim's validity. This investigation may include interviews with you, your child, and other family members, as well as a review of medical records, police reports, and other relevant documents. 

If CPS determines that there is evidence of abuse or neglect, they may take legal action to protect the child. This may include removing the child from your home and placing them in foster care or with a relative, as well as pursuing charges against you or anyone responsible for abusing or neglecting the child. It is important to note that CPS investigations can be triggered by a variety of sources, including anonymous tips, medical professionals, and school personnel. Therefore, if you are concerned that someone may have made a false or exaggerated claim against you, it is crucial to speak with an experienced family law attorney as soon as possible. 

 Prenuptial agreements, popularly referred to as “prenups,” are a type of legal contract that outlines how a couple’s assets will be divided if they ever were to get a divorce. While prenups can provide valuable financial protection, bringing up the topic with your fiancé can be delicate. Let us discuss some tips for signing a prenuptial agreement with your fiancé while minimizing adverse reactions. If you are interested in learning more about prenups, contact a family law attorney to ensure you understand the legal implications of a prenup and answer any other questions you may have. 

Essential Considerations for Approaching the Subject of Signing a Prenuptial Agreement

The following tips are how you should go about mentioning a prenup to your fiancé, including

• Choose the right time and setting -  Timing is crucial when discussing sensitive topics like prenuptial agreements. Choosing a moment when you and your fiancé are relaxed and not preoccupied with other concerns is essential. Try to find a quiet, comfortable setting to have an open and honest conversation without annoying distractions.

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In Texas, once a divorce has been finalized, and all issues have been settled, the court will issue a divorce decree, which is a legally binding document that addresses all the issues settled in the divorce case. These issues may involve child support orders, custody orders, spousal support orders, and more. In most cases, the divorce decree will reflect you and your ex-spouse's circumstances when your divorce is finalized. That being said, people's lives are subject to change as time progresses. What happens once a divorce decree or a family law order no longer best reflects the circumstances of your life, your ex-spouse's life, or your children's life?

Difficult situations can arise if your divorce decree or family law orders no longer reflect your current circumstances. On the one hand, you do not want to defy an order and face penalties. But, on the other hand, following your present decree or family law order does not make sense since it does not reflect current circumstances. Luckily, you can modify your decree or family law orders. If you are interested in the modification process, contact an experienced attorney who can guide you through the process so that your divorce decree and family law orders can best represent and support your current situation. 

Divorce Decrees and Family Law Modifications in Texas

In Texas, many kinds of family court orders can be modified years after they have been established. There are situations where someone may be able to agree with their ex-spouse on the need to make modifications, or you may need to petition the court to get approved for modifications. Whatever the case, you must demonstrate to the court that profound changes have occurred in your life, your ex-spouse's life, or your child's life, requiring modifications. Generally, modifications can be made for orders addressing the following:

The Attorney General of Texas provides a monthly child support calculator for people to use when trying to determine an estimate for a single source of income. Texas Family Code § 154.125 establishes that child support is issued according to the following percentages of net resources. These apply when the paying parent’s monthly net resources are less than the maximum amount of net resources to which the statutory guidelines apply:

• 20 percent for 1 child
• 25 percent for 2 children
• 30 percent for 3 children
• 35 percent for 4 children
• 40 percent for 5 children
• Not less than 40 percent for 6 or more children

If an obligor's monthly net resources are under $1,000, the court will generally apply the following schedule in creating the child support order:

• 15 percent for 1 child
• 20 percent for 2 children
• 25 percent for 3 children
• 30 percent for 4 children
• 35 percent for 5 children
• Not less than 35 percent for 6 or more children

Additional Child Support Notes

Net resources will include several different kinds of income. A court will take the total amount of money a person receives from all sources and deduct various taxes and the cost of a child’s health insurance to determine net resources.