Modifications Of Existing Orders

Family Law Modification Attorneys in Frisco

Legal Support for Post-Decree Modifications

Without qualified legal counsel, your best interests can be signed away with the stroke of a pen. Whether you are seeking or challenging a post-decree modification of a family court order, our family law attorneys can protect your rights and explain the right way to proceed.

At Pfister Family Law, we offer aggressive and knowledgeable representation while maintaining a razor-sharp focus on achieving results that reflect our clients’ best interests.

We can help you in any modification case involving:

Discuss your case with our family law modification lawyers in Frisco by calling (972) 370-5172.

Out-Of-State Modifications

The issuing court located outside Texas has exclusive jurisdiction over a support or custody order if either parent or the child continues to reside in that state. If another state has jurisdiction, that state must waive jurisdiction for a Texas court to modify the orders. If neither parent nor the child resides in the state that issued the order, then the custody order can be modified in Texas once the child has resided in the state for six months.

At Pfister Family Law, we frequently represent clients in out-of-state orders. For example, we represent parents who move to or from Texas after divorce.

Modification Due to Substantial Change

To modify a custody order, Texas law requires that the court find a “material and substantial” change and that the requested change is in the best interest of the child.

There is no clear definition of material and substantial change, but some examples of valid changes include:

  • Changes in the relationship with the children
  • Changes in the parent's home affecting the children
  • Changes in a parent's work hours that substantially change that parent's time with the children
  • Negative behavior of the parent that affects the child, such as excessive alcohol use or illegal drug use

Sometimes, even the child's desires can be the basis for the modification.

In addition to showing a material and substantial change, the court must find that the requested modification is in the child's best interest. This is a wide-open test that looks at the overall situation to determine if what one party is seeking is actually best for the child involved. For example, just because a child wants to go live with the other parent, a court may determine that it is not best for the child for any number of reasons.

Child Support Modification

To modify a child support order, Texas law requires that there be at least three years since the last order or that there be at least a $100 per month difference between the new support and current support amount. Child support is based on the noncustodial parent’s gross income. Texas law recently changed to raise the maximum amount of child support payable. At Pfister Family Law, we make sure that all sources of income are accurately reflected in child support calculations, such as income claimed by owners of closely held businesses.

Our experienced modification attorneys in Frisco can find an out-of-court solution or defend your interests in court. Call us at (972) 370-5172 today.

Trusted Recommendations

  • “John Pfister is by far the best Family Law Attorney in Frisco. He has represented my husband in his custody case (ongoing) as well as getting final orders in my custody case. He keeps in touch, keeps ...”

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  • “John Pfister has been an exceptional family attorney for me during some seriously tumultuous times. My ex and I have gone through two different modifications (for reasons I will not go into). John ...”

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  • “I've been through two divorces with two separate attorneys, unfortunately, but choosing John Pfister was the right choice for my 2nd divorce. John and his excellent staff took the time to understand ...”

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  • “John Pfister has been an exceptional family attorney for me during some seriously tumultuous times. My ex and I have gone through two different modifications (for reasons I will not go into). John ...”

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What Makes Pfister Family Law?

  • We Always Think in Terms of Resolution
  • We Offer Child Custody and Parenting Agreements
  • We Prepare Each Case for the Possibility of a Jury Trial
  • We Commit to Constantly Adding to Our Legal Knowledge
  • We Strive to Be Responsive, Attentive and Compassionate