Standard Divorce Decree With Children Texas



standard divorce decree child support

How to Modify Final Divorce Decrees with an Austin Divorce Lawyer

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Did you know that the orders outlined in a divorce decree regarding child support, custody, and visitation can be modified after a divorce is final? If circumstances change after your divorce is finalized, an Austin divorce lawyer can assist you in amending the existing court order.

There are several different circumstances that may necessitate a revision in the original order. A parent’s income may change, requiring an increase or decrease in child support; the behavior of the custodial parent or the child’s wishes may necessitate a change in the custody agreement; or when a parent relocates, the exchange location may be changed.

Court-issued divorce orders can not be modified for inconsequential changes in circumstance, but there are significant situations when your Austin divorce lawyer can make a request for the court to modify the existing order.

Child Support

The Texas Legislature currently provides standard child support guidelines that are based on a set percentage of the gross earnings of the non-custodial parent. The payor receives a fine or jail sentence if they do not comply with an order to pay child support.

When a person is ordered to pay child support but cannot pay for legally valid reasons, statutes exist for this type of noncompliance with a court order. A parent who is delinquent in the payment of child support may avoid a jail sentence by compromising or negotiating a settlement.

If you have been awarded child support or maintenance, an Austin divorce lawyer is an invaluable ally in compelling the court to enforce the child support order. An experienced Austin divorce lawyer will assess your particular situation to determine the best way to enforce a child support order or make settlement arrangements.

Custody

The Texas Legislature has also set standards for child custody. A child custody order may need to be modified when:

  • the custodial parent is deemed no longer fit to care for the child
  • the child 12 years or older expresses a desire to live with the non-custodial parent
  • a parent relocates the child to a home that is farther in distance from the previous residence
  • and numerous other circumstances

Every case is unique and an Austin divorce lawyer can evaluate the situation and determine a need for modification of the prior child custody order.

Visitation

One of the most important provisions in a divorce decree is the visitation rights of parents with whom the children do not reside. If you are a parent with the right to visit your child, and the other parent restricts access to your child or disregards the visitation order, an Austin divorce lawyer can press the court to take action to enforce your rights. The right lawyer can be a powerful advocate in ensuring that you have the quality time you need to continue to build a strong relationship with your children.

Austin divorce lawyer, Greg Gegenheimer, is an expert at evaluating your unique case to determine whether the prior order should be and can be successfully modified to meet your current needs. Modifying prior court orders constitutes nearly half of his caseload and, with over thirty years of experience, you won’t find an Austin divorce lawyer who is better qualified.

Greg Gegenheimer is committed to helping men and women with legal counseling, strategic planning and professional representation. If you find yourself in a family crisis, he can help you better understand your situation and options, formulate a plan of action, and be a powerful advocate on your behalf. He is a certified mediator with an Advanced Certification in Family Law and is able to help resolve disputes before they go to court. Visit Greg Gegenheimer today at http://www.greggegenheimer.net/ to schedule a 30-minute free consultation and find out what your options are.

About the author: Heather Preston. austin divorce lawyer – Are you considering divorce? Contact family law attorney Greg Gegenheimer.

Source: http://www.articlesbase.com/law-articles/how-to-modify-final-divorce-decrees-with-an-austin-divorce-lawyer-3306471.html


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6 Responses to “Standard Divorce Decree With Children Texas”

  1. lre62375 says:

    Can you modify a Tarrant County Divorce Decree Online?
    My Ex-Husband and I have been divorced since 2003. We did the divorce ourselves online but unfortunately it seems years later we are finding out that they did not include the items we specifically addressed with regards to our child’s visitation and health insurance. We made up our own visitation plan but it’s not listed in the Divorce Decree! The only thing listed is Texas Standard. Is this normal?? The items we addressed were included in the “Marital Separation Agreement” but my understanding is that document was only in force during the 60 day waiting period that Texas imposes on divorces. So my question is this…is there a way to modify our Divorce Decree together online without having to pay expensive lawyer fees? We are still amicable today and though we have seldom referred back to the Divorce Decree in the past 7 years we both agree that there should be some sort of protection in the Divorce Decree document.

    • Brianna says:

      Having a top contributor sign under a name does not make them an expert in any way shape or form. It only means they spend way too much time on here answering questions that may or may not be totally wrong! I say, knowing i have a stupid top contributor badge that i wish i could delete! And yes, i spend way to much time on here. :)~

      Anyway… any decree can be modified in the united states, nothing is written in stone. Otherwise no law would be modified or changeable. DUH, to the guy who says it cannot be modified!

      http://library.findlaw.com/2000/Aug/1/129260.html

      You can do it yourself, you go to the local library and they can help you find the documents that you can print off and use to file for the modification.

      You can also see if you qualify for legal aid to help with the modification for free or for a small charge. I think you both are right and having it down in writing still ensures a unity that you two are sharing now.

  2. mowgli4peace says:

    What can be done when a Judge ruled biased decree, in Texas Family Court ?
    With English being my second language (especially the judicial language), I was told to sign few papers I did not understand fully. On a short notice (checked my mail every 7 to 10 days apart). Then I missed the final hearing, at a distant court (my ex moved 300 miles away, prior to our divorce settlement) , and therefore given me a Default Judgment. But what I noticed is, instead of awarding me “Standard Possession Order”, which entitles me 72 hours/month of visitation…the divorce/custody order says I get merely 27 hours/month (with no overnight stay). On one hand, some self-righteous people decry “Child Support Evaders” & “Deadbeat Parents(i.e mostly Dads)” ….but don’t they realize that 27 hours of visitation NOT going to HELP either the ‘dad’ or the ‘child’. Then traveling back and forth over THOUSAND MILES “cost” a lot over three visitations (that money could have been used for child’s college fund). This EXPENSES are suppose to be paid by “moving” parent, to the visiting parent; but biased Judge didn’t do it. That custody order did not award me any holidays, when I’m suppose to get shared (alternate years) holidays like THANKSGIVING & CHRISTMAS. And as a visiting parent traveling more than 100 miles (400 miles round-trip for me, every two weeks), I am entitled for “every” SPRING-BREAK(not shared)..BUT I WAS NOT GIVEN THAT. As a Possessory Parent, I am entitled for 30 days of SUMMER (or 42 days if I live more than 100 miles, which I do). But the biased court OMITTED that part too. MY SINCERE QUESTION TO AMERICAN SOCIETY IS….IF THE CUSTODIAL PARENT & GOVERNMENT/JUDGE CANNOT BE “FAIR” & “EQUAL” IN AWARDING “PROPER” POSSESSORY PERIOD TO NON CUSTODIAL…..THEN HOW DO THEY EXPECT “PROPER” CHILD SUPPORT BY NON CUSTODIAL PARENTS ? By THREAT of JAILTIME, LICENSE REVOKE, FINES AGAINST ABILITY,…I GUESS. It wont be long when these “frustrated & human rights’ violated” non custodial parents join hands to revolt, for VIOLATING RIGHTS (incl FATHERS) by BIASED AUTHORITY. Shame, that U.S.A. point fingers at foreign governments, for their Human Right Violations, while giving a blind eye to domestic human right violations.

    • Jordan M ش١٩٧٦ says:

      When you have such an important issue pending you cannot check you mail ‘every 7 to 10 days’ or complain you didn’t understand the papers you were signing. If you were that interested, you would have gotten an attorney to represent you fully. Stop complaining after you dropped the ball. You did not even show up on your own behalf. Your fault. The judge was not biased. Your absence spoke volumes. It said you had no interest in the proceedings or your child. Get down off of your high horse.

  3. bbgrl39 says:

    HELP–capias issued in texas!?
    I was married in 2007 and my son was born in 2008, in South Carolina. My husband moved to Texas panhandle where he is originally from and proceeded with divroce. My son has been with me in SC since his birth. He was sick from birth. He has been in and out of dr offices getting allergy testing, not up to date on shots due to still finding out the problem, and will be tested for celiac disease soon. My ex husband had papers drawn up for standard visitation order included in the final divorce decree. It states he gets him in Texas for 40 days in the summertime in Texas, Christmas, Thanksgiving, Easter, Spring Break, and one weekend a month. I am responsible for picking him up from Texas. Now, with that said I am a waitress. I do not get 40 hours a week, make only 2.13 an hour plus tips…which usually comes out to about $200/wk. He pays $200/mnth in child support. I have denied him taking him to Texas because he has been ill and wanted to find out for sure what was wrong before he traveled, not to mention I cannot afford to fly back and forth to Texas that many times in a year as I have two children to care for. Now, there was a show cause order in Texas that I could not attend because my son had an allergist appointment. A capias has been issued in Texas and he is now trying to get it enforced in South Carolina. Of course, I could not attend the hearing there but what will happen in SC? Will there be another show cause trial? Or will they just issue a capias? What should I do? And yes, I did sign the final divorce decree only because one minute he would say we would work together to figure it out and the next he would say if I didn’t sign he would take him away from me because I could not afford a lawyer. I feel like I am being run over repeatedly by the court system. I feel they just do not care about my child!!!!
    Thanks Adam! I will definitely be in touch with him!

    • Adam Who Dey says:

      That is a pretty crazy and unfortunate situation!? I am very sorry for you. I understand that you cannot afford a lawyer and few of us really can.

      Where are you located in South Carolina? I know of a good lawyer you does family law (divorce, custody etc) located in Columbia, SC

      http://www.attorneymille.com/