Modification of Custody/Support
How to Change Your Houston Possession or Support Order
After a divorce or paternity case, the court may have issued an order pertaining to child support or possession (visitation). Changes in circumstances, however, may render these orders unreasonable or simply impossible. Typically referred to as modifications of custody and support, changing court orders can be extremely complicated – but they must be handled properly to avoid potential issues that could affect your custody and visitation rights and your financial security.
As a Houston custody and support modification attorney, Kay Polk can guide you through the process of altering an existing possession order or child support order. She has dealt with these issues since 2000 and understands the nuances of Texas Family Code as it relates to parenting plans and child support.
For information that applies to your unique case, call (713) 234-6260 for a confidential consultation.
Modification of Possession & Access (Visitation)
To modify the parenting plan (possession and access) portion of your court order, you can file a suit to modify the order. Doing so will ensure that the court order reflects the most current arrangement. Such a petition can be contested or uncontested. If it is uncontested, parties have already agreed, and court approval is simply required for it to go into effect. If it is contested, a judge will consider both sides and make a decision based on the best interests of the child.
Reasons for modification of possession and access may include:
- One of the parents has moved
- One of the parents has a new work schedule that affects his/her ability to comply with the existing order
- Another significant change has arisen that would warrant a change in possession/access
When Can Child Support Be Modified?
In Texas, child support may be modified if there has been a “material and substantial change in circumstances” that would warrant such a modification. This may include:
- The noncustodial parent’s income has increased or decreased
- The noncustodial parent is now legally responsible for another child or children
- The child or children’s medical insurance coverage has changed
- The child or children are now living with a different parent
Further, a child support order will only be eligible for modification if it was established or modified over three years ago, or if the monthly child support amount will differ by at least 20% or $100. The Office of the Attorney General has the authority to modify and enforce child support orders.
Call Today Regarding Your Custody or Child Support Modification
If you want to learn more about modifying a possession order or child support order in the Houston area, Kay Polk, Attorney at Law can help. Our firm has extensive experience with these matters and knows how to deal with the appropriate authorities, so your modification goes as smoothly as possible. We are skilled in filing and challenging modifications, depending on your needs.