CHILD SUPPORT & CUSTODY MODIFICATIONS
Circumstances often change that necessitate going back to court for a modification of a custody or support agreement. These agreements are the result of an initial Suit Affecting the Parent-Child Relationship (SAPCR). When there is a substantial or material change, it is time to go back before the judge. If the parent that pays support has seen a windfall in income, the other would probably like to see that reflected in an increase in child support. That is where the modification comes in. If you’re experiencing this, contact Mitch Miers at the Miers Law Firm.
As kids grow older, there needs and schedules may dictate a change in the custody/visitation schedule. Maybe the non-custodial parent lives a distance away and that prevents the child from extracurricular school participation. As the child gets older, they will have more of a say in what is happening. Some judges will take it into consideration, others will talk to the child and maybe not take their input into great consideration. Again, here is where we go to court for a SAPCR modification. Mitch Miers can help you with a SAPCR modification.
Child support normally goes to the parent who has legal custody. If you have split custody, the belief is that there is generally no support. That is a big myth. Just because you split the time doesn’t mean the judge won’t put in an equalizer in terms of child support so that the child has the same level of care in both houses. When custody is not split, the parent who does not have primary custody usually pays. Child support is usually a monthly payment to the other parent for costs associated with caring for the child.
As child support can go on for several years, even almost two decades, it is not unusual for circumstances to change that make the initial order of child support too low or too high. In such a situation, changing the amount becomes necessary to bring the support within the guidelines established by law. In most circumstances this requires going back to court. Modifications of support are very fact dependent, so a consultation with a family law attorney is of the utmost importance to determine whether you are receiving or paying the correct amount of child support or even if you should be paying support at all. Contact the Fort Worth Family Law Attorney Mitch Miers today for a consultation regarding child support, child custody, or visitation.
One of the most heated issues that will develop in a divorce is determining custody of the children. When parents cannot reach an agreement, a court will need to make the determination. That’s why it’s important to work with a lawyer who is knowledgeable about Texas child custody laws and the information a court will need to make its decision.
Fort Worth child custody lawyer at Mitch Miers has represented parents in custody disputes regarding a variety of issues. Tarrant county child custody attorney Mitch Miers will work to protect your rights while remaining sensitive to the concerns of you and your children. To discuss your child custody case, call Fort Worth Family Lawyer Mitch Miers today at (817) 803-2396 through the form below. Miers Law Family Lawyer Mitch Miers can provide you with a free consultation.
Under Texas law, there is a presumption that a joint managing conservatorship will be in the best interest of the children. Being joint managing doesn’t mean the parents will have equal split physical custody of the children, but instead will share in making important decisions regarding matters such as the child’s health and education.
The first step in developing a parenting plan will be for the parties to attempt to reach a mutual agreement through mediation that is conducted by a neutral parenting coordinator. In most cases, the parenting coordinator is appointed by the court.
If the parents cannot arrive at an agreement, the matter will go before a District Court judge who will evaluate the evidence and issue an order that is in the “best interest” of the children. The evidence a court can consider includes psychological evaluations, social worker studies, witness testimony and the child’s preference if the child is age 12 or older. Proof of misconduct by one parent, such as adultery, alcohol or substance abuse or violence, can factor into the court’s decision.
When parents live within 100 miles of each other, the court will likely enter a standard possession order that will give physical custody of the children to one parent and visitation to the other parent. The parent with visitation rights generally will divide holidays with the other parent and receive two weekends a month with the children, two hours per week during the school year and one month during the summer.
Custody orders can be modified if either the parents or children experience a “substantial change in circumstances” or the current order is no longer practicable. If circumstances have changed, call Fort Worth Family Law Attorney Mitch Miers to talk about obtaining an order that is in the best interest of the child.