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PRIMARY CONTACT
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CARLTON HUGHES 6060 N. Central, Suite 560 |
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LATEST CASES
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ANSWERS ON DEMAND
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MODIFICATIONS If you wish to modify portions
of the divorce decree for child custody, possession or support,
you may do so provided there have been material and substantial
change of circumstances and provided it’s in the child’s
best interests. The increase or decrease
in child support may be considered based upon increases or decreases
in earning power or the financial needs of the children. Examples of modifying
a decree In recent cases, the custodial
parent gave the non-custodial parent the children to care for them.
Ultimately, the non-custodial parent cared for the children for
more than 6 months. Mr. Hughes represented the non-custodial parent
for custody. Result: the court awarded custody to Mr. Hughes’
client. (note: in the Family Code, if the non-custodial parent has
possession of the children for over 6 months, then that’s a
basis for changing custody). In another case, Mr. Hughes’
client had standard possession of the children under the divorce
decree (Mr. Hughes did not represent the client in the divorce).
Mr. Hughes’ client wanted to change from every Thursday from
6 p.m. to 8 p.m. and every first, third and fifth Friday from 6
p.m. to the following Sunday at 6 p.m. (known as standard possession)
to every Thursday from the time that school recesses for the day
to the time school resumes on Friday morning and every first, third,
and fifth Friday at the time school recesses to the following Monday
at the time school resumes (this is known as extended standard possession).
Result: court awarded Mr. Hughes’ client extended possession
(note: extended standard possession has a longer summer possession
for the non-custodial parent). Furthermore, Mr. Hughes’
client’s income level dropped significantly which prompted
him to file a motion to modify the amount of child support. At time
of the divorce, Mr. Hughes’ client was making over six figures
a year. Child support is based upon a percent of the non-custodial
parent’s net income (after taxes) up to $6,000 (there are exceptions)
per month. At the time his client contacted Mr. Hughes, his company
had just downsized, leaving him jobless. Result: the court reduced
Mr. Hughes’ client’s child support obligation. Contact this firm |
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