Houston Post-Judgment Custody and Support Attorneys

• Emergence of relevant safety factors. The court will always attempt to act in the best interests of the child. If it becomes clear that the custodial parent cannot provide a safe home or is engaging in behaviors that are hazardous to the child’s health, they may explore alternative custodial arrangements, including shifting custody to the other parent. A noncustodial parent could also see their visitation rights reduced or rescinded outright if it is determined that their behavior poses a threat to the child.
• Emergence of illness, injury, or an inability to properly care for the child. Should the person responsible for caring for the child fall ill or become disabled as a result of a serious injury, they may not have the ability to give the child the support they need.
• Moving a significant distance away from one parent. Divorce settlements often include provisions addressing situations where the custodial parent may decide to move, especially if it involves crossing state lines. A move can make adhering to visitation rights difficult and may require approval from or adjustments granted by a court.
• Evolving needs and preferences of the child. In the state of Texas, children who are at least 12 years-old may state their preference for which parent they would prefer to live with. As a child grows older and their preferences evolve, they may seek to revise earlier statements or express a preference for the first time.

Our Houston post-judgment custody and support attorneys can assess your situation to determine whether your changing circumstances are likely to qualify for modification and assist you in all of the relevant court processes. We are familiar with how modification cases are adjudicated in Texas and will do everything possible to get you the results that you need.

Enforcing Court Orders in Texas

When a judge makes a decision as part of divorce litigation, all parties involved are required to comply, even if they disagree with the final result. Depending on your situation, this could be either a boon or a burden: You might be entitled to or expected to provide a substantial amount of spousal support, for example.

Even if you vehemently object to the terms of a court-ordered divorce settlement, you must abide by them. Otherwise, you put yourself at risk of serious legal consequences.

If you are part of a child custody order, it can be stressful and infuriating when your ex-spouse refuses to honor the terms. Should a situation worsen or the violations become habitual, you can petition for court enforcement. If successful, this will result in the offending party being found in contempt of court. Punitive measures include fines, favorable modification and clarification to an existing custody order, and even jail time.

You can potentially request court enforcement of a divorce order in Texas to help manage several scenarios, including:

• Failure to honor visitation rights. A noncustodial parent will likely be granted some form of regular, mandated visitation opportunities to spend time with their children. Any attempts to circumvent or restrict these visitation rights can lead to contempt of court charges.
• Failure to pay spousal or child support obligations. The noncustodial parent is often expected to provide some manner of financial support to cover child rearing costs. Depending on the overall financial circumstances of the family, there may be obligations to pay the spouse, too. While an ability to pay can shift with changing income, mandatory support payments must continue to be made until a formal modification is granted.
• Refusal to turn over property or assets granted in a divorce decree. Disputes often erupt over who has ownership of what marital property in a divorce. Some of these disagreements may ultimately be decided by a judge, and their final determinations must be honored. This means turning over any physical property and/or financial resources that are granted to an ex-spouse. Any effort to conceal or outright deny assets assigned to another party as part of a divorce settlement can result in court action.

Our firm can help you manage enforcement requests, including the collection of unpaid child or spousal support. We can assist in the gathering of relevant evidence and documentation as well as filing the appropriate paperwork with the court. You and your partner may be summoned for an in-person hearing to discuss the matter, and our team can vigilantly advocate for your interests.