Modification And Enforcement Of Court Orders

As time passes, change is inevitable. This is true in all aspects of life, including life after divorce. If a change in your circumstances now requires the modification or enforcement of a divorce-related court order ― including child custody or child support order ― the dedicated legal professionals at the Family Law Division of the Lovett Law Firm are here to assist you in your time of need.

We can help with a wide range of modification/enforcement actions, including:

• The modification of an existing child custody arrangement, including situations in which one parent wishes to relocate or change his or her possession and access to the child
• The enforcement of an established child custody order, including when one parent refuses to abide by the existing custody arrangement
• The modification of child support obligations, including when the financial circumstances of the parents or the needs of the child have changed
• The enforcement of child support when your ex refuses to pay
• The modification of alimony/spousal support obligations
• Other post-divorce modifications

When Can A Court Modify Child Custody?

Under Texas law, there are a handful of situations in which a court can alter an existing child custody arrangement. For example, a court can modify the terms of conservatorship or possession and access to a child when such modification would be in the best interests of the child and one of the following three situations apply:

• The child or the parents experience material and substantial change in circumstances, which may include a remarriage or possible change in residence
• The child is at least 12 years old and expresses a preference in the judge’s chambers as to which parent he or she wants to live with
• The custodial parent has voluntarily decided to give primary care of the child to someone else for at least six months

What About Child Support?

Similar to child custody, a court can modify child support if a material or substantial change in circumstances arises. This may include situations in which the medical needs of the child increase ― thus necessitating an increase in support ― or the parent responsible for making the payments experience a dramatic change in income. For instance, if the parent loses his or her job or, conversely, gets a promotion and wage increase, a corresponding change in child support may be warranted.

In addition, child support may be modified when the current amount being paid differs from the amount that would otherwise be required under the guidelines by either $100 or 20 percent, and it has been at least three years since the court originally ordered or last modified the child support payments.

We Are Here To Answer Your Questions

If you need to speak to an experienced lawyer about the modification or enforcement of court orders, contact us at the Lovett Law Firm today. With more than a decade of legal experience, attorney Nora M. Artalejo Lovett can address any questions or concerns you may have. To schedule a phone consultation or a meeting in our El Paso office, email us online or call us at 915-356-2222.