Texas Family Law Enforcements & Modifications for Brazoria, Fort Bend, Galveston, Harris & Matagorda Counties

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Attorney Tom King is the State Bar of Texas licensed family law attorney who pioneered online mediation and arbitration for America in 2017. Tom has a decade of family law experiennce helping parties enforce violated orders and modify existing orders as a result of the enforcement violations in Texas in Brazoria County, Fort Bend County, Galveston County, Harris County, and Matagorda County.

ENFORCEMENTS

In a Texas family law cases, an "enforcement action" is a legal proceeding initiated to compel a party to comply with the terms of an existing (also knowns as an "underlying"), final court order—such as child support, spousal maintenance, property division, or child custody and visitation schedules—without changing the substance of the underlying decree.

Governed primarily by Chapter 157 of the Texas Family Code, enforcement lawsuits allow an aggrieved party (i.e., the Movant) to file a formal motion specifying how the other parent or former spouse violated clear, unambiguous court mandates.

Because Texas courts view non-compliance with a binding order as a serious offense, Chapter 157 grants judges broad authority to issue remedies ranging from civil or criminal contempt (which can carry fines and jail time) and cumulative money judgments with statutory interest to income withholding, asset liens, and license suspensions.

Ultimately, the code ensures that family court orders are strictly upheld, safeguarding the financial welfare of children and reinforcing the legal rights of both parties.

Additionally, if one or more family law violations are proved in an Enforcement action, the Judge is required to award all reasonable attorney fees, fines of up to $500 per violation, and consider jail time (i.e., contempt) of up to 180 days per violation. The awarding of attorneys fees is manditory, not optional! So, in order to have a successful enforcement, we must do the following:

Obtain a file stamped copy of the underlying or existing order which the party violated, highlighting each violated section.
Create an exhibit list of all the audio, documentary, image, and video evidence that proves our case.
Create a witness list of all the witnesses that prove our case including your attorney to get attorneys fees.
File a "Petition to Enforce" which identies each section violated with details of each violation.
File a "Movant's Affidavit Regarding Petition to Enforce" by you with the Petition that corroborates each violation.
File a proposed Motion for Hearing, Notice of Hearing, and Order to Appear for the scheduled hearing.
File a "Movant's Notice of Requested Relief" summarizing for the Judge what we are requesting.
File a "Citation of e-Service" in order to personally serve the violating party/Movee with all the above pleadings.
Get the violating party/Movee (i.e., violating/opposing party) personally served with all the above pleadings.
File our Exhibit List, Witness List, and serve our Exhibits on the opposing party 2-14 days in advance, per the County.
A filed Witness List of all those with direct knowledge of the violations, include your attorney regardling legal fees.
Conduct the hearing (usually in person) in the Court.
Conduct a subsequent entry of orders hearing; and possibly a compliance hearing if Movee is not complying or paying.

MODIFICATIONS

In a Texas family law case, a "modification" is a formal legal proceeding brought to permanently alter or update the terms of an existing (i.e., underlying) final court order—such as provisions governing child custody (conservatorship), visitation (possession and access), child support, or medical support.

Governed primarily by Chapter 156 of the Texas Family Code a modification suit allows the court of continuing, exclusive jurisdiction to adjust prior decrees to align with the evolving needs of the family. Under Texas Family Code § 156.101, the party requesting the change must demonstrate that the requested modification is in the "best interest of the childU and that a "material and substantial change in circumstances" has occurred since the rendition of the prior order for the child, a conservator, or another affected party.

These qualifying changes may include a parent's relocation, significant changes in employment or income, a child's age or developmental needs, or instances where a child aged 12 or older expresses a preference to the judge regarding their primary residence.

By requiring a material and substantial change, Chapter 156 strikes a balance between protecting the stability and finality of family court judgments while ensuring flexibility to accommodate significant life changes.

In order for you to file a modification, there needs to be material or substantial changes in order to successfully prosecute a modification case. Often, the best time to conduct a modification is as part of an Enforcement which can provide the basis for the material and substantial change (i.e., denial of visitation, non-payment of child support, harrassing behavior, change of income, etc.).

Under Texas Family Code § 156.101, the phrase “material and substantial change” is not specifically defined by explicit statutory text. Instead, Texas law relies on a two-prong legal standard established by common law and judicial precedent, leaving the determination to the judge's wide discretion based on the specific facts of each case:

"Material" (Real and Documented): The change must be actual, non-speculative, and based on concrete facts rather than a mere preference or change of mind. Crucially, the change must have occurred after the date the previous court order was signed. Conditions or behaviors that already existed when the original decree was entered cannot serve as grounds for a modification.

"Substantial" (Significant Impact): The change must be significant enough to alter the family dynamic or impact the well-being of the child or a parent, rather than a minor tweak.

In order to have a successful emodification, we must do the following:

Obtain a file stamped copy of the underlying or existing order which the party violated, highlighting each violated section.
Create an exhibit list of all the audio, documentary, image, and video evidence that proves our case.
Create a witness list of all the witnesses that prove our case including your attorney to get attorneys fees.
If part of a combined Enforcement action, complete all the above Enforcement Steps.
File a "Petition to Modify" which identies the material and substantial changes; and requested changes.
File a "Movant's Affidavit Regarding Petition to Modify" by you with the Petition that corroborates facts and requested changes.
File a proposed Motion for Hearing, Notice of Hearing, and Order to Appear for the scheduled hearing.
File a "Movant's Notice of Requested Relief" summarizing for the Judge what we are requesting.
File a "Citation of e-Service" in order to personally serve the opposing party/Movee with all the above pleadings.
Get the opposing party/Movee (i.e., opposing party) personally served with all the above pleadings.
File our Exhibit List, Witness List, and serve our Exhibits on the opposing party 2-14 days in advance, per the County.
A filed Witness List of all those with direct knowledge of the material and substantial changes, include your attorney regardling legal fees.
Conduct the hearing (usually in person) in the Court.
Conduct a subsequent entry of orders hearing; and possibly a compliance hearing if Movee is not complying or paying.

LAWWIZ LEGAL SOFTWARE UTILIZATION

Clients are required to sign up for and utilize the LawWiz legal tools software. It is free for the first six months and $100/year thereafter. However, you will receive a complimentary one year subscription, as this is Tom King's own software platform. You will utilize the following tools to organize your case in order to keep your legal costs as low as possible:

COUNTIES IN WHICH TOM KING PRACTICES

Tom specializes in enforcements and modifications in Texas in Brazoria County, Fort Bend County, Galveston County, Harris County, and Matagorda County. He has tried or mediated over 2,000 family law cases statewide and appeared in court in 15+ Texas counties. For the previous 10 years, Tom was based in Harris County, but recently moved permanently down to Surfside, Texas in Brazoria County. Travel fees apply for court appearances in counties other than Brazia County or Galveston County.

RETAINING ATTORNEY TOM KING

Tom charges $500 per hour and all the above is estimated to be 20 hours of work including a hearing. If/when the Judge awards legal fees, the award goes to you for whatever you have already paid your attorney Tom King. The standard retainer for such a project is $10,000: $5,000 up front for all the preparation, and the second installment of $5,000 for the hearing preparation and participation.

PAYMENT INSTRUCTIONS

The preferred method of payment is via Cash App, If Tom approves, then the only other methods of payment accepted are PayPal, Venmo, and Zelle (which is likely built into the app for your bank).

CONTACT US

For more information, contact Tom King at tom@tomking.com. Be sure to attached a copy of your file-stamped current/underlying order you wish to enforce and/or modify. Also, include a short summary of the violations (if for an Enforcement) and material/substantial changes (if for a Modification). All confidential meetings are contacted via Google Meet, Microsoft Teams, or Zoom Workplace. So you will need access to one of these accounts.

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