Modifications

Can I get more child support?

The amount of child support may be changed at a later date if the circumstances of the parents or children have changed. To change a child support order it is necessary to file a lawsuit called a Motion to Modify. The legal standard for the Court to modify child support is met when there has been a “material and substantial” change in the circumstances of the child, one of the parents, or it has been three years since the last child support order or agreement to pay child support and child support would increase or decrease by $100 or 20%, whichever is less.

Can I change my change my prior final orders regarding property division?

No, once final orders have been rendered regarding determination of property as community property or separate property and the division of a community estate has been made, it can not be changed through a Modification.

Can I move with my child if something changes?

The Court may alter a residency restriction is there is a material and substantial change in the circumstances of the child or one of the parents. It is not uncommon for courts to consider new jobs or re-marriage or many other factors that would justify allowing a parent to move with a child.  While these cases are not uncommon they are often the most litigious.

Can I change custody of my children?

Similar to altering a residency restriction, the court may change which parent has custody of the children if there has been a material or substantial change.

Practice Areas

From the wide-ranging issues of divorce to the delicate nature of child support and child custody, McFarland Law, P.C. focuses on a variety of issues and cases dealing directly and indirectly with matters of family law.

Divorce

A Texas divorce involves both the division of the parties’ property and, if children are involved, child custody and child support.

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Child Custody

Child custody may be initially rendered in a Divorce or a Suit to Establish the Parent Child-Relationship, which is a custody case between unmarried parties.

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Child Support

A child support order may be initially rendered in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties.

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Spousal Support

Spousal support may be awarded in cases where the parties have been married more than 10 years or a spouse has been convicted of or received deferred adjudication for a crime of family violence.

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Mediation

Mediation is a non-binding confidential settlement conference at which a neutral mediator is present to help you and your spouse reach a final settlement of your case.

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Grandparent Visitation

Grandparents have the right to file a lawsuit for visitation and managing conservatorship of a grandchild in certain circumstances OR if both parents consent to the grandparent filing a suit.

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Domestic Violence

The Texas Family Code has special provisions for relationships where domestic abuse has occurred or is alleged.

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Modifications

Parents have a right to have their prior custody and child support orders reviewed when there has been a change in circumstances.

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Paternity

Paternity of a child may be initially determined in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties.

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Interstate Issues

When a child custody case involves individuals in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines jurisdiction.

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Hague Convention

International child abduction and child custody is governed by the international treaty of the Hague Convention on International Child Abduction.

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Enforcement

If a parent has not complied with an order for possession and access to a child or an obligation to pay child support, and that parent does not have a valid defense, then the Court may fine or jail a non-compliant parent.

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