Modifications & Enforcement

When Court Orders No Longer Fit

Court orders are based on the facts that existed at the time they were signed. Life does not stand still. A parent gets a new job or loses one. Someone remarries or relocates. A child's needs evolve as they grow older. When the circumstances that shaped your original orders change significantly, a modification may be necessary to bring those orders in line with your family's current reality. Natalie Fowler helps clients in Georgetown, Williamson County, and Central Texas pursue and defend against modifications of custody, possession, child support, and other family law orders.

The Legal Standard for Modification

Texas law requires the person seeking a modification to demonstrate that there has been a material and substantial change in circumstances since the date the current order was signed. This is an intentionally high bar -- the courts do not want to relitigate the same issues every few months. The change must be significant enough to justify reopening the case and altering the existing orders.

What Qualifies as a Material and Substantial Change

Every case is different, but examples of changes that may support a modification include:

• A significant increase or decrease in either parent's income
• A parent's relocation that affects the possession schedule
• A change in the child's educational, medical, or emotional needs
• A parent's remarriage or new living situation
• A child turning 12 and expressing a preference about which parent they want to live with primarily
• Substance abuse, criminal conduct, or family violence by a parent
• One parent's consistent failure to follow the existing order
• A parent's incarceration or deployment

For child support modifications specifically, Texas law also allows a modification if it has been three or more years since the order was last set and the current guideline amount would differ by at least 20% or $100 from the existing order.

The Modification Process

A modification begins with filing a petition to modify in the court that issued the original order. The other party must be served with the petition and given an opportunity to respond. From there, the case follows a path similar to the original proceeding -- the parties may negotiate, attend mediation, or go to trial if they cannot reach an agreement.

Natalie works with clients to build a strong evidentiary record supporting the requested change. This may involve financial documentation, testimony from teachers or counselors, records of missed visitation, or other evidence that demonstrates why the modification is in the child's best interest or otherwise warranted under the law.

Enforcement of Existing Orders

A court order is not a suggestion. When the other party refuses to follow the terms of a custody order, possession schedule, child support order, or property division decree, Texas law provides several enforcement mechanisms:

• Contempt of court: The most powerful enforcement tool. The court can hold the non-compliant party in contempt, which can result in fines, jail time, and an order to comply going forward
• Wage withholding: For unpaid child support, a wage withholding order directs the obligor's employer to deduct the support amount directly from their paycheck
• Make-up possession time: If a parent has been denied court-ordered visitation, the court can order additional possession time to compensate
• Attorney's fees: The court can order the non-compliant party to pay the other side's attorney's fees incurred in bringing the enforcement action
• Property liens and license suspensions: In child support enforcement cases, the state can pursue liens on property, bank levies, and suspension of driver's, professional, and recreational licenses

When to File

If your circumstances have changed and your current orders no longer work, do not wait. Modifications take effect from the date the petition is filed, not retroactively. The sooner you act, the sooner the court can address the issue. Similarly, if the other party is violating your orders, documenting the violations and filing for enforcement promptly strengthens your case.

Get Straightforward Legal Help

Natalie Fowler handles modification and enforcement cases with the same direct, thorough approach she brings to every family law matter. Whether you need to change an order that no longer reflects your family's situation or hold the other side accountable for ignoring one, she can help. Call Fowler Legal PLLC at 512-765-5811 to schedule a consultation.