Need Help Changing a Court Order?
Call Austin Family Lawyer Jackson F. Gorski for Help!
In the state of Texas a court order isn’t necessarily the final say in any criminal or civil case. There are procedures available for individuals and families who need to request modifications of court orders decreed by courts & judges. In other words, a court order can be challenged and possibly modified.
With an effective lawyer representing you and solid evidence to support your claim, it’s more likely that a petition to modify a divorce decree or other court order will succeed.
Divorce Decree Modifications
If you’re interested in pursuing the modification of a divorce decree in Texas, you’ll need to provide your lawyer and the court with information supporting you are requesting.
The person that brings forth the request for changes will be known as the movant. They’ll need to provide credible evidence about why changes to the decree should be considered. Many movants seek to change child custody rules, visitation agreements, or they may petition the court for changes to their child support agreement.
Changes to Child Support Payments
Grounds to pursue changes to child support payments fall under two categories;
- Material or substantial changes to the payer or the payee,
- or if three years have passed and the current child support agreement is divergent from current child support payment standards to the tune of 20% or $100.00.
Evidence will be needed to justify any changes and, once that evidence is gathered, your lawyer will need to present this information to the court to support the request.
Court Order Modifications
Making Changes to Court Ordered Payment Amounts
Lawsuits and judgments are also subject to modification. If the liable party in the lawsuit cannot make their ordered payments, they may petition the court to make adjustments to the payment amount or the frequency of said payments. The same can be done for fines. If a person is having trouble paying an ordered fine, again, the court can be petitioned for a modification.
Caution is Advised When Seeking Modifications
Not Every Petition Leads to Success
When seeking to have an existing court order modified, you’ll need the assistance of an experienced lawyer. Your attorney should discuss the positives and negatives associated with the modification with their client.
In most cases, a person will face a counter-suit or counter-claim from the other party if there is one. If the case isn’t handled by The Law Office of Jackson F. Gorski, be sure that the family lawyer you choose is well prepared to handle litigation of this nature.
Applying for the modification of an existing court order can be a complex process. Your lawyer should prepare you for any eventualities, and inform you that there may not be an easy solution to your request.
You’re a BIG PART of Making Your Case
In order to have a court order changed we must present the court with concrete evidence as to why the existing order is problematic and why it needs to be modified. The evidence presented to the court needs to be factual and verifiable. The movant should hold on to any and all paperwork related to their case.
In some cases, before engaging the court a mediator will review the information related to the court order. The mediator will make decisions based on the facts. A person can still petition the court if the mediator refuses, but solid evidence will still be needed for there to be any chance of changes being made.
When pursuing a court order modification a person will need a knowledgeable lawyer who knows how to get things done. The process of modifying a court order, especially in a Texas family or civil court can be extensive. With competent legal representation, you’ll either get the court to modify the agreement or, at least, find out exactly what you’ll need or what the court will require to make the changes a reality.
If you have questions about how The Law Office of Jackson F. Gorski can help you, contact us today. We’re always ready to speak to our clients and neighbors and we look forward to hearing from you. Please call 512-960-4646 to speak with Jack or click here to submit a contact form.