Why would you want to consider a modification of a prior order?

Life changes, your kids grow up, the bills get higher, the ex is making a lot more money, or your kids need or want to be living elsewhere.  Or, sometimes, your ex may decide that she’s going to take the kids and just leave the state.  I help individuals and families with post divorce modifications involving custody, relocations, spousal support and child support.  I represent clients in Dallas County, Tarrant, Kaufman, Collin, and Denton County when they want to make changes or the other party has decided to force a change.  Call us for a free 30 minute consultation at 214-749-7777. 

If the other side and I agree, do I need to do anything?

Definitely.  One of the biggest mistakes that you can make is to just informally agree on something.  You think you have agreed to change custody of your kids, or stop or reduce the child support because of that change.  Then someone gets mad, or the agreement doesn’t actually happen, the child support is still being taken out, and the money is not being returned.  A modification to a divorce settlement, a custody or paternity action has to be recognized by the Court and signed off on by the Judge.  If it is not signed, then for all intents and purposes it does not exist.  The earliest a modification can become effective under the Texas Family Code is the date that the other side of the law suit is served with the motion to modify or they make their first appearance in Court.  This is especially important to remember as children grow older and both parents start new lives.  Just because your ex has given in and agreed to let your son or daughter live with you, doesn’t mean that your child support has actually stopped.

What can happen if there was an agreement made and it was never signed off on by the Court?

Your ex or the other party can pick up your children under the terms of the old order and there is nothing you can do about it.  Or they can decide that they want the child support that you thought had been waived and file a contempt action against you to collect the money.  You can be facing going to jail over child support that you thought didn’t have to be paid.    If you are ready or need to make a change, call me at the law office of Lynn Carroll at 214-749-7777, and I will make sure that your rights are protected.