Modifications of Custody and Support
The court may modify an order that provides for the appointment of a conservator, terms and conditions of conservatorship, possession of and access to a child 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 re-marry or relocation is necessary due to family or employment. Because each circumstance is different, you may need to consult with an attorney to determine whether you can change any provision of the final order that presently sets forth the provisions related to your children.
In order to determine you have a basis for modifying, or whether certain circumstances warrant emergency relief from the court to protect your children, it is important for you to seek legal advice from an experienced lawyer.
Contact Alma R. Benavides today to schedule an appointment to determine whether your circumstances warrant a modification of custody, possession of or access to a child or child support. You will want to know your legal rights whether you are increasing or reducing any of the above.
Enforcement of Child Support or Possession and Access to a Child
A motion for enforcement may be filed to enforce a final order for conservatorship, child support, possession of or access to a child, 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:
- Incarceration
- Suspension of driver's license
- Suspension of professional license
- Withholding of income from paychecks
- Garnishment of funds exempt retirement account
- 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 reduction in child support until you become gainfully employed.
Experienced Attorney
To schedule an initial consultation with experienced attorney Alma R. Benavides in Plano, Texas, contact our office today by calling 972-578-2600 (locally) or 866-959-3826 (toll free). We are committed to helping you achieve your legal goals.
