Family Law
Modifications and Enforcement
Modifying existing custody and support orders, and enforcing orders the other party has violated.
A divorce decree or original custody order is the start of the legal relationship between parents, not the end. Life changes - jobs, schools, health, new relationships - and the legal framework usually needs to change with it. Modifications and enforcement actions are how Texas family courts adjust orders to current reality.
A modification of conservatorship, possession, or child support requires proof of a "material and substantial change" in circumstances of the child or a party since the prior order. The standard varies a bit for support-only modifications and for orders subject to specific timing rules. Without the change in circumstances, the prior order stands.
Enforcement is a different posture: the other party has violated the order, and we are asking the court to enforce compliance through contempt, makeup possession time, judgment for unpaid support with interest, and attorneys' fees. Texas family courts take order violations seriously, and a well-prepared enforcement motion is one of the most effective tools available.
We handle modifications and enforcements as standalone cases or as add-ons to a divorce or original SAPCR. We focus on getting workable, enforceable orders that reduce the need for repeat litigation.
Common scenarios
Situations we see often
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Increase or decrease child support after a major income change
A job change, layoff, or significant raise can support a modification. The Family Code also allows modification when guidelines support differs materially from the order in place.
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Change the right to designate primary residence
A child's circumstances or the parents' situation change enough that the primary residence should be with the other parent. Modification requires a material and substantial change and the child's best interest.
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Enforce missed possession periods
The other parent has been denying weekends or holiday time. Enforcement, make-up time, and attorneys' fees can be available.
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Collect on unpaid child support
A judgment for the unpaid arrears with statutory interest, enforced through wage withholding, license suspension, or contempt where appropriate.
What to do
If this happens to you
Document the change in circumstances or the violation in writing as it happens. Calendars, texts, emails, school records, pay stubs, medical records - everything that shows what changed and when. The case is built on documentation, not memory.
Try mediation before filing where reasonable. Many counties require mediation prior to a contested final hearing. A negotiated agreed modification is faster and cheaper than a contested one and produces a more durable result.
How we help
How our firm can help
We evaluate whether the change of circumstances meets the legal standard and what evidence is available to prove it. We file the modification or enforcement, secure any needed temporary orders, and work toward a resolution that fits the family's real situation - not just what the original order said.
For enforcement, we draft motions that meet the strict pleading requirements (specific dates, specific violations) so the case is not dismissed on a technicality. We prepare for the contempt hearing if the other side does not cure the violations voluntarily.
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20% / $100
threshold to modify support under the current-guidelines test
Tex. Fam. Code 156.401
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6%
statutory interest on child-support arrears in Texas
Tex. Fam. Code 157.265
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1 year
minimum window before a primary residence designation can be modified absent serious endangerment
Tex. Fam. Code 156.102
Common questions
Questions about Modifications and Enforcement
What is a "material and substantial change"?
A change in the circumstances of a child or party that is significant enough to warrant revisiting the prior order. Job loss, relocation, remarriage, the child's changing needs, and proven changes in the other parent's fitness are common bases.
How often can I modify support?
Generally only when there is a material and substantial change, or when applying the current guidelines to the obligor's current income would result in support that differs by 20% or $100 from the existing order.
What happens if the other parent does not pay?
Wage withholding, license suspension (driver's, professional, recreational), credit reporting, judgments for the arrears with statutory interest, and contempt are all available. The Office of the Attorney General also enforces support cases.
Can the other parent be jailed for violating the order?
Contempt of court, including possible incarceration, is available for willful violation. Courts are generally cautious with jail time but it is on the table for repeat violations.
Related topics
More under Family Law
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