Modification of Child Support, Custody and Alimony in San Antonio Texas

San Antonio TX Support Modification Lawyer – Family Law Attorney

If you are involved in a divorce proceeding in the state of Texas it is important to recognize that the terms of the divorce as they stand on the day that the divorce become final are subject to modifications. The facts as they existed at that time will be used as the criteria for determining the appropriate terms,  but as circumstances change these terms can change along with them. Three matters that are sometimes revisited at a future date are child support, custody, and alimony.

Child Support Modification

The state of Texas uses the Percentage of Income Formula to determine the amount of child support that must be paid as stated in the Texas Family Code, Chapters 154.001-154.309. The law goes on to state that the amount of child support that must be paid can be modified if changed circumstances that would result in a significant change in the child support amount exist. To be deemed “significant” for these purposes, the changed circumstances would have to result in a difference in the child support payment of at least 20% or $100.

Child Custody Modification

Child custody can be modified when the court reaches the conclusion that such a change would be in the best interests of the children. The non-custodial parent can petition the court for such a modification, and child custody can also be changed via a mutual agreement between the parents. This could be due to a discipline problem, a military deployment for the custodial parent, or simply because the child expressed the desire to live with is or her other parent.

Alimony

Alimony or spousal support payment amounts can also be modified, and this can be done by the mutual agreement of the parties involved or by order of the court. However, if the original spousal support agreement was drawn up privately, it is possible that the contractual language could preclude one or both parties from seeking any future modifications in court.

For legal advice about modification of child support, custody, and alimony, get in touch with a San Antonio TX family attorney to arrange for a free consultation.