We Handle the Full Range of Family Law Modifications in Southeast Texas
At the Ramos Law Group, PLLC, our Houston modification attorneys have the specialized skills, family law experience, and legal expertise to protect your rights and interests. Our firm handles the full range of family law modifications, including spousal support, child custody, and child support. If you have any specific questions about a family modification case, we are here to help. Give us a call at 713-225-6200 or contact us online for a fully confidential consultation with a Texas family modification lawyer today.
Our Family Law Firms Helps Clients With All Types of Modification Cases
Family law modification cases are complicated. At the Ramos Law Group, PLLC, we understand that life is unpredictable and circumstances can change with relatively little warning. For that reason, we are always here to help clients with the full range of modification cases to ensure their legal agreements are reflective of their current situation. Under Texas law (Tex. Fam. Code § 156.001), a number of different orders may be modified. Our team of experienced modification attorneys is dedicated to helping clients navigate the legal system and find the best possible outcome for their case. Along with other modification cases, our Houston attorneys have experience with:
- Spousal Maintenance (Alimony): Texas has some of the most restrictive spousal maintenance laws in the country. However, it may be awarded in some cases. Spousal maintenance (alimony/spousal support) will typically be awarded to the spouse who earns less income or has less earning potential when certain factors are met. However, circumstances may change, and the need for spousal maintenance may no longer exist or may need to be modified. Our family law firm can assist clients in modifying their spousal maintenance agreements based on changes in their income, health, or other relevant factors. If you have any questions about spousal maintenance modifications, our Houston modification attorneys are here to help.
- Child Custody: A child custody order/agreement in Texas is always subject to modification until the child(ren) becomes a legal adult. Custody orders are determined based on what is in the best interest of the child at the time of the order. However, as children grow and develop, their needs may change, and the custody arrangement may no longer be suitable. Our family law firm can help clients modify their child custody orders based on changes in circumstances, such as a parent’s relocation, the child’s changing needs, or the child’s preference. If you have any questions about modifying child custody in Southeast Texas, contact our Houston family law modification attorneys for immediate help.
- Child Support: Child support is a financial obligation that a parent has to provide for their child’s basic needs, such as food, housing, and medical care. Similar to child custody, child support can be modified when there has been a material and substantial change in circumstances. For example, changes in parental income or changes in a child’s needs may require a modification to the child support order. If you have any questions about the modification of a child support arrangement, contact our Houston family modification lawyers for immediate help.
Divorce – Think of the children
Work on being flexible with the other parent.
Uncontested Divorce
The importance of gathering information.
Tip – Filing your original petition
There are several things to gather and consider.
A Modification Is Much Easier When There Is an Agreement
A modification to a family law order can be a complex and emotionally charged process. However, it can be much easier when there is an agreement between the parties involved. In Texas, a modification can be made to orders related to child custody, visitation, child support, and spousal maintenance, as long as there has been a material and substantial change in circumstances.
Texas courts generally give parties wide discretion to modify ongoing family law obligations—child custody, child support, spousal maintenance, etc—if they both agree that there has been a material and substantial change in circumstances. By working together to reach an agreement, parties can avoid the stress and expense of a contested modification.
If you are the one seeking a family law modification in Texas, it is always best to consider your options for getting cooperation from your former spouse and/or co-parent. When an agreement is possible, it will be faster, cheaper, and a lot easier to get a modification approved by a Texas court.
What to Know About Getting a Modification in Family Law Disputes in Texas
While reaching an agreement can make the modification process easier, the simple reality is that an agreement is neither possible nor realistic in every modification case. If there is a dispute over a proposed family law modification, the matter will need to go through the court system. Here are key things to know when seeking a modification in a family law dispute in Texas:
- Material and Substantial Change in Circumstances Standard: In Texas, a modification can only be granted if there has been a material and substantial change in circumstances since the last order. In other words, there must be a significant change that affects the current order. What constitutes a material and substantial change in circumstances depends on the specific type of case.
- Petition Must Be Filed By Party Seeking Modification: To start the modification process, a petition must be filed with the court. The petition should explain the change in circumstances and the requested modification. Once the petition is filed, the other party will have the opportunity to respond. It is the party who is seeking the modification who has the duty to file such a petition.
- Burden of Proof is on the Petitioner: If you are the party filing for a family law modification over the objections of your former spouse and/or co-parent, then you are the one who has the burden of proof to establish that there has been a material and substantial change in the underlying circumstances.
Family Law Modifications in Texas: Frequently Asked Questions (FAQs)
What Is a Material and Substantial Change in Circumstances in a Child Support Case?
For the most part, material and substantial changes in child support cases are based on either parental financial resources or the child’s unique needs. As explained by the Attorney General of Texas, there is a presumption that a material and substantial change in circumstances has occurred if it has been three years since the order was entered and the amount that should be paid would change by at least 20 percent or $100 if the child support guidelines were re-applied.
How Does the Best Interests of the Child Standard Impact Custody Modifications?
Texas uses the best interests of the child standard (Tex. Fam. Code § 153.002) for custody matters. When it comes to custody modifications, the “best interests of the child” standard is a crucial consideration. In Texas, courts make custody decisions based on what is in the best interests of the child at the time of the original order. However, if one party seeks a modification, they must prove not only that there has been a material and substantial change in circumstances but also that the proposed modification is in the child’s best interests.
My Co-Parent Is Seeking a Custody Modification, Can I Stop It?
Yes. You have a right to respond to a proposed child custody modification. In doing so, you should be prepared to raise a two-part defense. First, if applicable, you can argue that there has been no material and substantial change in circumstances. As such, no modification is appropriate. Additionally, you can also argue that the proposed modification of your co-parent is not in the best interests of the child.
Does a Remarriage (New Marriage) Justify a Spousal Maintenance Modification in Texas?
It depends. When the recipient of alimony marries another person in Texas, all spousal support obligations automatically end. They should notify the obligor (person paying alimony) and payments should stop. However, when an obligor gets remarried in Texas, they do have the right to stop paying alimony. Most often, the obligor’s remarriage will not be considered good cause to end their payments.
Why Choose the Ramos Law Group for Help With a Family Law Modification
Life always changes. A family law arrangement—whether child custody, child support, and alimony—that worked previously may no longer be effective. At the Ramos Law Group, PLLC, we have extensive experience helping people navigate through the modification process. When you reach out to our modification attorneys, you have an opportunity to consult with a Houston family modification lawyer who can:
- Listen to your story and answer questions about family law modifications;
- Gather and organize all of the documents/records you may need to support yourcase;
- Represent you in any settlement negotiations with your former spouse/co-parent; and
- Develop a personalized legal strategy to help you secure the very best results.
Consult With Our Houston Modification Attorneys Today
At the Ramos Law Group, PLLC, our Houston family modifications attorneys have the professional skills and legal expertise that you can count on. If you have any questions about modifying spousal support, child custody, or child support, we can help. Reach out to us by phone at 713-225-6200 or contact us directly online to arrange a fully private, no obligation case review. With legal offices in Houston, The Woodlands, and Sugar Land, we handle family modification all across Southeast Texas.