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Difficult divorce issues

On Behalf of | Nov 12, 2018 | Child Custody

Many people in Texas walk away from a divorce feeling that they got the short end of the stick. Some parents are ordered to pay child support they cannot afford and face serious consequences when they fail to make payments.

A divorce can be devastating for individuals who lose their home, child custody and many of their possessions in a short time frame.

Some parents have difficulty adjusting to their new life after a divorce is finalized. Many struggle with parenting when their time with children is reduced to only a few nights per month.

Parents who can’t pay child support face harsh consequences like jail time, fines and criminal charges. The worst thing to do in this situation is to ignore it. It is better to make a partial payment since a court may consider whether or not the nonpayment was willful. Many judges recognize when a person is making a good faith effort to comply with court orders.

Judges will not allow a parent to cease making child support payments due to financial hardship in most cases unless they have become totally disabled but may be willing to modify the obligation to pay in the future based on changes in the parent’s earning capacity.

Parents who have a protection order entered against them restricting visits with children should work to establish a visitation history that demonstrates that they are not a danger to the children.

Prior orders regarding child custody and visitation can be modified if a parent can demonstrate that a changed circumstance has occurred and that a modification is in the best interests of the child. An attorney may be able to help parents who want to request a change file the necessary paperwork and build a case for modification through witness testimony and other evidence.