Prosper, TX Lawyer for Post-Divorce Issues

Family Law Attorney for Order Modification and Enforcement in Collin County

If your divorce decree includes terms governing spousal support, child support, or a child custody arrangement, you may be legally obligated to adhere to those terms for many years after the divorce is complete. During that time, your life can change in many ways, to the point where it may seem unreasonable to continue following your original divorce order. However, rather than simply ignoring or shirking your obligations and risking the consequences of an enforcement action, it is important to go through the legal process of obtaining a modification to the order.

At Pfister Family Law, we know that your need for an attorney may not end with your divorce resolution. We can represent you in your efforts to resolve post-divorce disputes with your former spouse, or we can help you petition the court for modification or enforcement of an order. We have multiple decades of legal experience, and we are skilled in both negotiation and litigation. We can help you handle the situation at hand using the method that works best for you.

Child Custody Modifications in Texas

Child custody orders are some of the most commonly modified elements of divorce decrees. Many different life changes could lead to a situation in which it is necessary to rethink your children's visitation schedule or the terms of your conservatorship. Some events that may warrant a modification include:

• A change in a parent's work schedule or a child's school or extracurricular schedule
• A change in a child's care needs
• A parent's move to a new location, which may require approval from the other parent and/or the court, depending on the distance of the move
• A child reaching the age of 12, at which point the court may consider their preferences regarding the custody arrangements
• A parent's act of family violence or other behavior that puts a child at risk of harm

Parents typically have the option to work together to negotiate an agreement regarding modifications, and they can file an updated parenting agreement with the court. However, if an agreement is not possible, the court will consider a parent's petition and the other parent's objections to determine whether modifications are appropriate.

Modifying Child Support and Spousal Support

In cases involving spousal maintenance or child support, either the paying or receiving party may pursue a modification to the order, usually on the grounds of a substantial change in financial circumstances. For example, as the paying party, you may seek a reduction in your payment obligation due to a loss of income or an increase in the receiving party's income, assets, or earning abilities. As the receiving party, you may seek a modification that extends the duration of payments due to circumstances that continue to prevent you from supporting yourself, or you may request increased payments to provide for your child's extraordinary needs.

Support orders may also be modified under other circumstances. For example, a child support order can be reviewed after three years if it is inconsistent with Texas's current guidelines, and a spousal support order can be terminated early if the receiving party remarries or starts a cohabiting relationship.

Enforcing a Texas Divorce Order

If either party violates an order that is currently in effect, the other party may initiate an enforcement action. Child support enforcement cases may be handled through the Texas court system or the state Office of the Attorney General, while spousal support and child custody enforcement cases must typically be handled in court. A successful petition for enforcement requires evidence of the other party's violation and a clear request for the remedies sought.

For example, an enforcement order could require a party to make up all late payments plus interest and attorney fees or to give the other party make-up visitation time. Other consequences of enforcement action can include wage garnishment, property liens, license suspension, and charges of contempt of court.

Contact a Prosper, TX Divorce Order Enforcement and Modification Attorney

If you need assistance modifying or enforcing your divorce order, do not hesitate to reach out to Pfister Family Law. We can schedule an initial consultation when you contact us at 972-954-6455. We represent clients in divorce and family law matters in Dallas, Frisco, Plano, McKinney, Denton, The Colony, Little Elm, Prosper, and throughout Dallas County, Collin County, Denton County, Tarrant County, and the surrounding areas.