"They always say time changes things, but you actually have to change them yourself."

~Andy Warhol

WHAT IS A MODIFICATION SUIT?

A modification suit is a lawsuit designed to modify a pre-existing court order (i.e. a divorce decree).  In, Texas courts have the power to change parts of a divorce relating to children until the children get out of high school or some other specified event.

WHAT ISSUES MAY BE MODIFIED?

The most commonly litigated issues for a modification suit are:

• Custody (a.k.a. conservatorship) - modifying custody arrangements

• Child support - increasing and decreasing

• Visitation (a.k.a. periods of possession) - increasing and decreasing

WHERE SHOULD A MODIFICATION SUIT BE FILED?

In Texas, the court that granted the divorce maintains the power to modify the decree on issues involving the children until the children are out of high school or some other specified event.  If however, the children have lived outside that county for at least 6 months, the case should be filed in the county where the child resides.

MY CHILD WANTS TO LIVE WITH ME, DOES THAT HAVE ANY BEARING?

Although courts typically take the position that children should not testify in custody matters, a judge may interview a child privately, and must talk with a child over 12 years old if a party requests it.  Children who are at least 12 years of age may also sign a statement choosing one parent as their Managing Conservator.  However, the child's testimony is not binding on the court.  For example, if a parent can convince the judge that pressure has been placed on the child or that it would not be in the child's best interest, the child's choice will not be honored.  

I JUST LOST MY JOB, WHAT CAN I DO ABOUT CHILD SUPPORT?

As long as you did not intentionally lose you job, or took intentionally took a job that pays less than your prior employment (a.k.a. underemployment), you may be able to obtain some relief from the courts regarding your obligations to pay child support.  In some instances this may mean a reduction in the amount of child support owed and in other instances it may mean an temporary abatement (delay) in your obligation to pay child support.  However, remember that absent the court's modification of the prior order failure to pay child support may have severe consequences including jail time and fines for contempt.

HOW MUCH DOES A MODIFICATION SUIT COST?

This question is difficult to answer because the complexity (or lack thereof) of each  situation will determine the amount of time and experience necessary to prepare the case. When you hire an attorney to pursue a claim or defend a claim, make sure that you fully understand the fee structure and that you are comfortable with the fee arrangement and the attorney. If you have questions regarding the fee or the fee arrangement, you should always ask.

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* Not Certified by the Texas Board of Legal Specialization.

Principle Office is in Dallas, Texas.  Meetings with lawyers are by appointment only.

Anthony Veader is an attorney, mediator and counselor servicing Denton, Dallas and Collin counties which cities include: Allen, Celina, Fairview, Farmersville, Frisco, Lavon, Lucas, McKinney, Melissa, Murphy, Plano, Princeton, Prosper, Richardson, Aubrey, Carrollton, Corinth, Denton, Flower Mound, Highland Village, Justin, Krum, Lake Dallas, Lewisville, Little Elm, Pilot Point, Ponder, Sanger, The Colony, Addison, Cedar Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Irving, Mesquite, Rowlett,  Seagoville, Wylie.  The Law Office of Anthony Veader, P.C. handles matters including, but not limited to divorce, modifications, child support, child custody, visitation, access, domestic abuse, military divorces, annulments, restraining orders, protective orders, paternity, Divorce Decree Enforcement and Divorce Decree Violations, Relocation and Travel Issues, Name Changes, Common Law Marriages, CPS Cases, AG Cases and IV-D Court Cases.

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