Modifications and Enforcements
Experienced Attorney Handling Modification and Enforcement Requests in Texas
As children age, their financial and emotional needs change. For this reason, it is important to always assess your existing court orders to determine if a change is needed to mirror current situations. In situations where an order is not being followed, it is possible to request enforcement of the order.
Contact Plano modifications lawyer Alma R. Benavides today to schedule an appointment to determine whether your circumstances warrant a modification of custody (possession), visitation (access), or child support. You will want to know your legal rights whether you are increasing or reducing any of the above.
McKinney Custody Modifications Lawyer
The court may modify any order that provides for the appointment of a conservator, terms and conditions of conservatorship, child custody and visitation, or child support. However, certain conditions apply for such a modification. Many times, circumstances warrant a change in conservatorship, possession of or access to a child, or a change in child support. Parents remarry or relocation is necessary due to family or employment. Because each circumstance is different, you may need to consult with an experienced family law attorney to determine whether you can change any provision of the final order that presently sets forth the provisions related to your children.
Enforcement of Child Support or Child Custody and Visitation
A motion for post-divorce decree enforcement may be filed to enforce a final order for conservatorship, child support, child custody and visitation, as well as other provisions of a final order. The court may enforce a final order; however, in order to do so, the necessary pleadings must be filed in the court and a hearing will need to take place before the judge who will determine if the non-complying party is in contempt of court.
Failure to Pay Child Support
If you are entitled to receive child support from the parent of your child and that parent is not paying support pursuant to a court order, you have legal remedies available to you.
There are serious consequences for a parent who fails to comply with a court order that requires a parent to pay child support to the custodial parent. A parent may be found in contempt of court and if so, the parent can be penalized with any or a combination of the following:
- Suspension of driver’s license
- Suspension of professional license
- Withholding of income from paychecks
- Garnishment of funds (retirement accounts are exempt)
- Payment of attorney fees and costs incurred by the person seeking enforcement
Reduction in Child Support
If you are ordered to pay child support and recently lost your job, are no longer receiving income or if your wages have been reduced, it is important for you to speak with an attorney before you stop making payments so that you don’t get behind in your child support obligation. Oftentimes, after seeking legal representation, you can go before the court and request a temporary child support modification until you become gainfully employed.
Contact an Experienced Attorney
To schedule an initial consultation with a dedicated lawyer at the Law Office of Alma R. Benavides in Plano, Texas, contact our office today by calling 972-578-2600 (locally) . We are committed to helping you achieve your legal goals.
How to Reach Me
Contact Our Law Office — Protecting You and Your Family To schedule an initial consultation with lawyer Alma R. Benavides, call us at 972-578-2600 or send us an e-mail using the form below.