While going through the divorce process, you accepted terms regarding your children and financial support for them that you thought were reasonable at the time. Well, time has passed and now you feel that your child support and custody terms are not working out as well as you thought they would. Are support and custody orders set in stone or do Texas laws allow for order modifications?
Truth be told, no, these orders are not set in stone. Modification is possible. Getting order adjustments is not necessarily easy, though.
Child support modification
It does not matter if you are on the paying or receiving end of a child support order. If you feel there is reason to adjust the order, you have the right to ask. You can seek a support adjustment in one of two ways:
- Through private negotiations
- By filing a modification request in court
Parents have every right to work together to reach new support terms -- regardless if any resulting changes are temporary or permanent. You need to submit any permanent changes to the court for approval, though, in order to officially adjust the order so that it is legally enforceable.
Not all former spouses are on good terms, so negotiating privately may not prove effective. That is okay. This is one reason why the courts allow parents to submit official modification requests for court consideration. If you go this route, you and your ex will have the opportunity to attend a court hearing and present your case for or against the adjustment request. A judge will have the final say on the matter.
Child custody modification
Child custody is often challenging to figure out. Life changes occur, child welfare concerns may arise and children form opinions on with whom they wish to live. The courts understand this and are not opposed to granting custody modifications when they are appropriate.
The process of seeking a custody modification is much like the process of seeking a support modification. Parents can negotiate new terms or they can take the issue to court and let a judge decide. The court will only grant a custody change if it works to serve the best interests of the affected children.
If you are thinking about seeking modifications to child support and custody orders but are not sure if you have a case to do so, it is okay to ask questions. With help, it is possible to determine if it is the right move for you.