Austin Modification Lawyers

Working With Clients to Create Equitable Agreements

Not all family court orders work well for all parties forever. In fact, most don't. For example, the child custody or alimony arrangement you create during a divorce might not make sense five years down the road depending on how your child’s needs change. Filing a modification petition will let you ask the court to change an order, so it reflects your current circumstances more accurately.

Do you need to file a modification petition in Austin, Texas? Come to Cofer & Connelly, PLLC for all the guidance you need to move forward. With our attorneys leading the way, you can decide what type of modification you need and how it will best reflect your new circumstances and that of your children, if applicable. Get rid of the guesswork by reaching out to us today.

Contact our Austin modification attorneys online or call (512) 991-0576 to learn more about family law and divorce modifications in Texas.

What is a Modification?

Modification refers to the legal process of changing an existing court order, usually for a family law order. This process is typically necessary when there has been a significant change in circumstances that makes the current order impractical or unfair.

Common types of family court orders you can modify include:

Child custody orders: A parent might seek to modify custody if they relocate for a job or if the child's needs change significantly, such as needing a different school or medical care. For instance, altering who the primary custodial parent is or changing the visitation schedule to better suit the child's new routine.
Child support orders: A parent who loses their job or experiences a substantial income decrease may request to lower their child support payments. Conversely, if a parent's income significantly increases or the child's expenses grow, the other parent might seek higher support payments.
Spousal support or alimony orders: If the paying spouse's income decreases drastically or if the receiving spouse remarries, a modification to the alimony amount may be necessary. This could mean reducing the payments or stopping them altogether.
Visitation orders: Changes in a parent's work schedule or a move to a new city might necessitate modifying the visitation arrangement. This could involve adjusting the days or times the non-custodial parent spends with the child.
Protective orders: If the threat level changes, such as the offending party moving away or no longer posing a danger, a protective order may be modified. This could mean extending the order's duration, reducing its restrictions, or lifting it entirely.
Property division orders: If new assets are discovered after the original property division, the order might be adjusted to fairly distribute those assets. Alternatively, if the value of certain assets has significantly changed, the division might be modified to reflect this new valuation.

How Do I Modify a Court Order in Texas?

Filing a modification case allows you to change the terms of an outdated court order and make it more relevant to your current circumstances. Most people file modification cases for child custody and visitation or child and spousal support orders. To see if the modification you want is legally possible, talk to our Austin modification lawyers.

You can file for a modification if:

The circumstances of a party involved in the order have changed substantially since the order was issued, or;
At least three years have passed since the court passed the order, and changing the court order would modify its terms by 20% or $100.

To file a modification case, the simplest option is to let us take care of everything. We can go to the right courthouse for you, which will be where the court order was initially drafted in most cases, and request order modification forms from the court clerk. Let us fill out the forms and return them on time, so you don’t run the risk of making any mistakes on the forms.

Types of Modifications in Texas

There are two types of modifications:

Agreed modifications: If all parties involved in a court order agree it should be modified—and, more importantly, agree on how to modify it—they can file for an agreed modification. Courts often approve requests for agreed modifications quickly as long as the judge verifies that modifying the order is in the best interests of the parties.
Default modifications: If the parties involved in a court order disagree on whether they should modify an order (or how to modify it), then the party who wants to modify the order must file for a default modification. Default modifications act more like a "standard" legal case. The person filing the modification case must arrange proof of service for the other party, notifying them of the modification case, and then the court will arrange hearing dates for the case. At the hearings, each party presents evidence to support their case that the court order should or shouldn't be modified.

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Reasons to Request a Modification

In Texas, family law orders, such as those related to child custody, child support, visitation, or spousal support, can be modified under certain circumstances. Generally, a modification is justified when there has been a significant change in circumstances since the original order was issued which makes that original order untenable.

Common situations that could convince a Texas family law court to approve a modification include:

Change in income or financial situation: If one parent experiences a substantial increase or decrease in income, it may justify a modification of child or spousal support orders.
Relocation: If one parent plans to move a significant distance, it could impact custody or visitation arrangements, requiring a modification to address the new logistics.
Change in the child’s needs: As children grow, their needs (educational, medical, or emotional) may change, necessitating adjustments to custody, support, or visitation orders.
Parental fitness or behavior: If one parent’s behavior changes significantly (e.g., substance abuse, criminal activity, or neglect), the court may modify custody or visitation to protect the child’s best interests.
Agreement between parents: If both parents agree to modify the order, they can request the court’s approval, provided the modification aligns with the child’s best interests.
Child’s preference: In some cases, if the child is 12 years or older, the court may consider their preference regarding custody arrangements, which could lead to a modification.
Health issues: If a parent or child develops a serious health condition, it may require changes to custody, visitation, or support to accommodate medical needs.
Noncompliance with the current order: If one parent consistently fails to comply with the existing order, the other parent may seek a modification to address the issue.

In all cases, the court’s primary consideration is the best interests of the child. To pursue a modification, the requesting party typically needs to file a petition with the court and provide evidence of the changed circumstances.

Only Significant Changes Will Be Considered

Minor changes in circumstances that can be resolved informally without court intervention are generally not sufficient grounds for modifying a family law order in Texas. The court requires evidence of a substantial and material change that impacts the existing order, such as a significant shift in income, relocation, or a child’s needs. For example, minor scheduling disagreements or slight financial fluctuations are usually not enough to warrant a modification. The threshold for consideration is high, as the court’s priority is maintaining stability unless significant changes clearly justify revisiting the order.

Evidence to Use in a Modification Case

Evidence that can help prove the need for your modification might include:

Proof your income has decreased substantially enough that you can no longer feasibly pay for the original order.
Proof the other party's circumstances have changed significantly (such as remarrying or receiving a raise), and they no longer require financial assistance.
Proof that any beneficiaries of the order no longer require as much or any support. For example, let's say your child had a medical condition, and the cost of treatment was factored into your original child support order. If your child completes a treatment that cures their condition, you could request to modify that order, so you're no longer paying for a treatment your child doesn't need or receive.

Modifications Must Be Fair

When considering a requested modification to a family law order in Texas, the court carefully examines whether the change would create an undue hardship for the other party. The court's goal is to ensure that any modifications maintain fairness and compliance with the law while prioritizing the best interests of the child if the order would affect the child. For example, if one parent requests an increase in child support payments, the court will evaluate whether the requesting parent’s evidence justifies the change and whether the paying parent has the financial ability to comply without facing severe financial strain.

Additionally, the court ensures the modification is not excessively one-sided or unreasonable. A modification petition that disproportionately burdens one party without a valid and compelling justification may be denied, as it could violate principles of equity and fairness. The law requires that changes to support, custody, or visitation align with both parties’ rights and responsibilities under Texas family law. Importantly, any proposed modification must serve the child’s best interests; the court will not approve requests that undermine their welfare or stability.

Ultimately, a judge weighs all evidence, including financial documents, testimony, and the circumstances of both parties, before deciding. This thorough evaluation helps prevent unlawful, unfair, or impractical modifications while ensuring that any adjustments benefit the parties involved without causing an unjust impact.

Is There a Time Limit for Requesting a Modification?

There is no set deadline to request a modification to a family law or divorce order in Texas, but the request must meet specific legal conditions to be considered by the court. Generally, a person can file for a modification at any time after the original order is issued if they can show a material and substantial change in circumstances since that order. For instance, a parent may request to modify child custody or child support if there has been a significant income change, a relocation, or changes in the child’s needs.

However, certain family law orders may have specific restrictions. For example, Texas law typically imposes a one-year waiting period before requesting a modification to child custody orders unless there is a severe need, such as concerns for the child’s safety or well-being. Similarly, spousal maintenance orders may have their own conditions and timelines based on the original terms set by the court.

Regardless of timing, the court will closely evaluate each modification request to ensure it is justified, legal, and serves the best interests of all parties involved, especially the child. Parties should consult with a family law attorney to better understand their eligibility and any applicable time-sensitive requirements.

Benefits of Hiring a Modification Lawyer

You should choose Cofer & Connelly, PLLC to help with your modification petition or case in Austin, Texas. Why? We think once you know a little more about the benefits you can enjoy when we’re handling your case, the answer will be clear.

By working with us during your modification case, you can appreciate these benefits of professional legal counsel and representation:

Legal knowledge: Family law attorneys understand the nuances of Texas family law and can provide valuable guidance to ensure your petition is strong and meets all legal requirements.
Navigating complex procedures: The modification process involves specific forms, timelines, and court procedures. An attorney can handle these complexities and ensure every step is completed correctly.
Compliance with state laws: Texas has strict legal standards for justifying a modification. An attorney will help gather the necessary evidence and present your case in a way that complies with state requirements.
Personalized strategy: Attorneys can tailor their approach based on your unique circumstances, helping you build a strong case tailored to achieve favorable outcomes.
Standing up for your best interests: Attorneys are skilled negotiators prepared to advocate for fair and reasonable modifications, protecting your rights throughout the process.
Focus on the child’s best interests: If your petition involves custody or support changes, an attorney will prioritize crafting an arrangement that serves the child’s emotional, financial, and physical well-being.
Reduced stress: Legal issues are often overwhelming, but having a professional handle the process can ease your stress while ensuring nothing is overlooked.
Avoiding costly mistakes: An experienced lawyer can help you avoid errors that may delay your case, weaken your petition, or result in a denial.
Effective communication with the court: Attorneys know how to clearly and persuasively present your case before a judge, ensuring your voice is heard.
Guidance in complex cases: If your circumstances involve significant disputes or opposing parties challenging the petition, an attorney can effectively manage the conflict to reach the best possible resolution.

Get Help with a Family Law Order Modification Today

Pursuing a modification case can feel like fighting an uphill battle, which is why it's so important to obtain the counsel of a skilled order modification lawyer before starting your case. At Cofer & Connelly, PLLC, we help our clients prepare strong cases that support their requests for order modifications. We'll work with you to pursue a court order that's fair and equitable, given your circumstances.

To schedule a consultation with our Austin modification lawyers, contact us online or via phone at (512) 991-0576.

Texas Family Law Modification FAQ

What qualifies for a modification of a family law order in Texas?
A family law order, such as those concerning child custody, child support, or spousal support, can be modified if there has been a significant change in circumstances since the original order was issued. Examples include income changes, relocation, changes in the child’s needs, or evidence of unsafe or unfit parenting.
How do I file for a modification?
To request a modification, you must file a formal petition with the court that issued the original order. This involves completing the appropriate paperwork, providing evidence of the changed circumstances, and serving notice to the other party. You may also need to attend hearings or mediation as part of the process.
How long does the modification process take?
The time can vary widely depending on the specifics of your case. If both parties agree to the modification, it can be resolved relatively quickly. However, if there are disputes, it may take several months or longer to resolve. Factors like court schedules and the complexity of the case can also impact the timeline.
Do I have to wait a certain period before requesting a modification?
Typically, you can file for a modification at any time if you can prove a significant change in circumstances. However, modifications to child custody orders often require a one-year waiting period unless there is evidence of immediate risk to the child’s welfare.

What evidence do I need to provide for a modification?
The evidence needed depends on the type of modification. For child support, you might need proof of income changes like pay stubs or tax returns. For custody modifications, you might provide records, testimony, or other documentation showing a substantial change affecting the child's welfare. For all types of modifications, the court expects clear and compelling evidence.
Will the court consider the child's preference in custody cases?
Yes, in Texas, a child who is 12 years or older may have their preference regarding custody taken into account. However, the court’s primary focus remains the child’s best interests, so the preference is just one of many factors considered.
Can the other parent challenge my modification request?
Yes, the other parent can contest your request. They may argue that the modification is not necessary or that it would impose undue hardship. If this happens, the court will evaluate evidence from both sides before making a decision.
What happens if the court denies my modification request?
If a judge denies your request, you must continue following the terms of the current order. Depending on the circumstances, you may be able to refile if new evidence becomes available or further changes occur. Consulting with an attorney can help you understand your options.