Revisiting Custody and Support Orders
A divorce decree is not necessarily the last word on child custody, child support or spousal support. If circumstances have changed, either party may petition the court for modification. There are also remedies for denied visitation or child support enforcement.
The experienced family law attorneys of Parker & Montgomery represent either party in post-divorce proceedings. We will vigorously protect your interests and those of your children, in out-of-court negotiations or before a family court judge. Our firm practices in Collin, Dallas, Denton, Grayson and Fannin counties.
Child Support Modifications
A substantial change in the paying party's income — an increase from a promotion or new job, or a layoff or pay cut in these tough economic times — is grounds to petition for modifying child support or alimony. Increased needs of your child, such as for health care or educational services, may also warrant additional support.
Custody Modification
We have handled many scenarios for modifying child custody:
- A teenager wanting to live with the other parent
- Seeking sole custody or supervised visitation because of the other parent's abuse, neglect, drug use or domestic violence
- New job or other life changes requiring a change in the parenting schedule
Parent relocation is hotly litigated. Most custody orders contain a geographic restriction and Texas courts rarely allow the custodial parent to move away with the kids, especially out of state. Courts are more likely to approve a tighter geographic radius. The typical order allows moves within the contiguous counties of the Dallas-Fort Worth Metroplex, but because of population growth a "cross-town" move (especially east-west) can wreak havoc with joint custody.
To prevail in a relocation petition, your lawyer must demonstrate how it serves the best interests of the child and prove that the non-custodial parent's relationship with the child is not unduly affected.
Enforcement of Child Support or Visitation Rights
If the other party is not paying court-ordered child support or alimony, or interfering with or refusing child visitation, we will pursue all measures to hold them to their obligation. Parker & Montgomery will file formal contempt charges:
— In custody enforcement, a judge can order make-up visits, as well as probation, fines and attorney fees if the parent is found in contempt. For repeated interference, jail or awarding of custody to the other parent are possible.
— In child support enforcement, the court automatically imposes 6 percent interest, and may levy fines and jail time. Contempt charges are a required step to obtain a wage garnishment or lien on property.
George Parker and Danny Garner are certified as Family Law Specialists by the Texas Board of Legal Specialization, with over 55 years of combined experience. Call our professionals at 972.562.2212 or contact us online.
George Parker
Mark Montgomery
Danny Carl Garner
Kimberly D. Smith
