In any Texas family law case in which the parties cannot agree on a specific issue, the court will typically set forth an order establishing each party's rights and obligations. For example, courts will often issue orders regarding child custody and support and spousal support. While courts carefully consider the unique facts and circumstances of each case in issuing orders, circumstances can change, and an order that was once appropriate may need to be modified. If you are subject to an existing family law order that either your ex-spouse or you wish to modify, you should consult a capable San Antonio family law attorney to discuss your rights and how a potential modification may affect you. Attorney Allan R. Manka has been representing San Antonio residents in family law cases for more than four decades. Mr. Manka is eager to assist you in seeking your desired result with regard to a proposed modification.Modification of Child Support
In Texas, a party seeking a modification of a child support order must prove that the child or parent's circumstances have significantly and materially changed either since the last order was issued, or since the signing of the collaborative agreement on which the last order is based. Alternatively, a party may be granted a modification if it has been three years since the previous order was issued, and the monthly child support awarded under the order differs by $100 or 20% from the amount that would currently be issued under the support guidelines. Notably, an order granting a joint conservatorship alone does not constitute a sufficient change in circumstances to warrant a modification.Modification of Child Custody
Similarly, a party seeking to modify a child custody order must show that a material and substantial change in circumstances requires a modification if the child to whom the order applies is 12 years old or younger. The law does not explicitly define what is considered a sufficient change to warrant a modification. Examples of what may be regarded as a substantial change include a change in either parent's employment or marital status, or a relocation of either parent. Even if the party requesting a modification proves that circumstances have substantially changed, however, the court will not modify the order unless a modification is in the child’s best interest.
If the child to whom a custody order applies is 12 or older and wants to live with one parent, the court will take into account the child’s wishes, but it will ultimately determine whether to grant the modification based on whether the modification is in the child’s best interest. If you want to modify a custody order or wish to oppose a proposed modification, you should speak with an experienced family law attorney regarding your options for protecting your parental rights.Modification of Spousal Maintenance
Under Texas law, if a person obligated to pay spousal maintenance seeks a modification of the order imposing the obligation to pay maintenance, he or she must file a petition with the court that initially issued the order. Notice of the petition must be provided to the party who receives the maintenance, and he or she must be afforded time to respond. The court will then conduct a hearing, during which the party seeking the modification must show that a substantial and material change in circumstances warrants a modification.Meet With a Trusted San Antonio Attorney
It is not uncommon for circumstances to change after a court issues an order for support or custody in a family law case, and when circumstances change, one party will typically seek a modification of the order. Allan R. Manka is an experienced family law attorney who will tirelessly pursue a result that is favorable to you with regard to the proposed modification. Attorney Manka’s office is located in San Antonio, and he frequently represents people in family law cases in Adkins, Atascosa, Converse, Elmendorf, Helotes, Universal City, Von Ormy, and other areas in Bexar County. You can reach Mr. Manka at 210-824-1800 or through the online form to set up a meeting to discuss your case.