Modification of Court Orders Regarding Children
Orders entered regarding children remain subject to modification at any point as long as the child remains subject to the jurisdiction of the court. Tex. Fam. Code §156.001. In other words, as long as a child is under the age of 18 or enrolled in a high school program, the orders pertaining to the child can be changed.
The first step in filing a suit for modification is to determine whether the court that entered the prior order continues to have authority (i.e., jurisdiction) over the case. The court that first entered an order regarding the child’s best interest retains the right to make future decisions regarding the child until another court acquires the right to make those decisions. When a child has lived in a different Texas county for at least 6 months, the right to make decisions about the child may transfer to the court for the new county. The transfer is a matter of right as long as the request is filed timely.
To modify any part of an order regarding a child, the person seeking to modification must show that there has been a “material and substantial change of circumstance” as to either the child or one of the parents. For example, if a parent paying child support experiences an increase in earning power or a decrease in income, or if the financial needs of the children increase, there could be grounds to modify the child support order. If more than three years have passed since the last order was entered and the child support award differs by either 10% or $100 from the amount that would be awarded in accordance with the guidelines, then modification is permitted. Tex. Fam. Code §156.401. Modifications can also be filed to change conservatorship, rights/duties to the child, possession of an access to t child or any other part of an order related to children.
A court cannot change a court order from the past. Once a modification suit is filed, a court may make the modification retroactive to the date the suit was served on the other party or the date the other party acknowledged the suit, but not farther back than that. Tex. Fam. Code §156.401. The standard to support a material and substantial change of circumstances is subjective, but might include:- marriage to another person
- change in residence, age, medical condition, employment, criminal history
- the relationship between the parents becoming unworkable.
Note, for portions of a divorce decree or other court order that do not relate to children, the order is final and usually not modifiable once the order is entered and the 30-day period for filing a motion for new trial has passed.