By Wendi R. Bailes-Dodson, Managing Attorney
A post-judgment modification is a request to change an existing order after a divorce or parent-child case. The request may involve conservatorship, possession and access, or child support. The legal standard depends on the type of order and the facts that have changed.
Dodson Law Firm helps Houston-area parents understand the current order, the requested change, the evidence needed, and the available path to negotiation, mediation, or court. No particular result can be guaranteed.
Call 713-338-2525 or contact us to discuss your situation.
A post-judgment modification addresses an existing order and may involve conservatorship, possession and access, or child support. A request does not change the order automatically.
Several life events may necessitate a divorce decree or custody order modification.
Some common reasons include:
If you face these situations, consult a knowledgeable modification lawyer in Houston to assess your case and advise you on the best action.
A court with continuing, exclusive jurisdiction may modify an order that provides for conservatorship, support, or possession and access. A person affected by the order may file in that court, subject to Texas standing and jurisdiction rules. Read Texas Family Code Chapter 156.
To modify conservatorship or possession and access, Texas law generally requires that the change be in the child’s best interest and meet a statutory ground, such as materially and substantially changed circumstances, a child age 12 or older expressing a preference in court as provided by law, or certain relinquishment of primary care. A child’s preference is not an automatic decision.
Child support modifications have their own statutory standards. Texas Family Code § 156.401 addresses a material and substantial change and certain guideline-difference tests after the required period. A request does not change the current order. Continue following the current order unless a court changes it, and ask about enforcement if you cannot comply.
Spousal maintenance is governed by separate rules. Because eligibility and modification standards depend on the order and the facts, this page does not provide a general rule for modifying maintenance. Contact us if your post-judgment question involves maintenance.
Texas Family Code § 156.401 addresses child-support modification standards. Continue following the current order unless a court changes it.
Start by identifying the current order, the court with continuing, exclusive jurisdiction, the specific changes requested, and the evidence available, such as income, schedules, school or medical information, and safety information.
Parties may resolve a request by agreement or mediation, but any change should be entered in an enforceable order. If there is no agreement, the court decides based on applicable law and evidence.
Dodson Law Firm can review the current order, organize the relevant facts and evidence, explain available options, and represent you in negotiation, mediation, or court. We provide personal attention and plain-language guidance for Houston-area family-law matters. Every case depends on its facts, and no attorney can guarantee a particular result.
For a post-judgment question, look for a Texas family-law practice that explains the applicable order, jurisdiction, evidence, and available process in plain language.
Learn about child custody and child support, or contact us. Call 713-338-2525.
