A divorce is never easy, but once the final order has been entered with the court, both parties usually feel a sense of relief.
In most cases, the parties stick to the terms of the final divorce decree, but circumstances change. There are times when one of the parties is no longer satisfied with the terms and conditions of the decree or is unable to continue abiding by those terms.
Texas law allows for modifications to a divorce decree. Modifications can be made to alimony, child support, child custody, or visitation rights, for example; however, the process of modifying an original order can be complicated.
The party seeking the modification must prove there has been a significant change in circumstances since the original decree that warrants modifying that decree.
You want to understand the process of modifying an original order, and you want to make sure your rights are protected. You need an attorney who specializes in family law with an emphasis on divorce decree modifications.
The team of attorneys at Bolton Law in The Woodlands, Texas has extensive experience in this area of family law. Give us a call at 281-351-7897 to schedule a consultation and to learn more about how we can help you get the modification you seek.
What Is a Post-Judgment Modifications Lawyer?
In order for a judge to agree to a change in a divorce settlement, it needs to be proven that there has been a significant change in the circumstances after the divorce decree was granted.
A modification may be required for various reasons. Sometimes the income of the non-custodial spouse changes and they may want to amend the settlement as per their current financial circumstances.
If the parents want to switch the primary residence of the child, this will require a modification.
Here at Bolton Law, our team of attorneys has extensive experience in representing clients seeking post-judgment modifications. Give us a call at 281-351-7897 to learn how we can help you receive the modification you need.
Why Should I Hire a Divorce Modifications Lawyer?
It takes a lot of time to finalize a divorce in Texas. In many cases, a couple has to go through multiple modifications before agreeing to the terms and conditions of the divorce decree.
You may feel your proposed modification request is justified, but it needs to be accepted by a judge to be enforceable. An experienced post-judgment modification lawyer from Bolton Law in The Woodlands, Texas can help you understand whether it makes sense to file a modification request.
Our attorneys can also explain what’s necessary to increase the likelihood of a decision in your favor.
Call us at 281-351-7897 to know more about the modifications process.
What Are Some Modifications to Alimony?
Family law courts in Texas aren’t usually enthusiastic about reopening alimony cases if a petitioner is seeking to modify the amount of spousal support they have previously been ordered to pay. Compelling evidence must be presented to support this type of modification.
An alimony modification will not be granted simply because one of the parties feels they were wronged. Substantial evidence is required to prove there has been enough of a change in circumstances to warrant the modification.
Some examples of situations in which a judge might grade a modification to alimony:
- The income of the spouse paying alimony has decreased significantly.
- The expenses of the spouse paying alimony have increased significantly.
- The income of the spouse receiving alimony has increased significantly.
What Are Some Modifications to Child Custody?
Custody of minor children is usually one of the most contested parts of a divorce decree. The terms and conditions of a divorce usually include several aspects of child custody such as child support rights, primary custodial parent, and visitation schedule.
When circumstances change, a modification to child custody may be warranted. Some of the common reasons for this include:
- A change in the residence of the child
- The child develops a physical, emotional, or mental disorder
- One of the parents is relocating
- There is violence or drug use in the home
- There is a gross lack of supervision
- The inability of a parent to care for their child due to certain changes in their circumstances
- The child wants to live with the other parent
What Are Some Modifications to Child Support?
The child support orders in Texas may be modified through a court hearing or through the Child Support Review Process. If both spouses agree, the Child Support Review Process is much faster than a court hearing. In most cases, a child support order may be modified under the following circumstances:
- At least three years have passed since the last order was established or modified.
- There is a difference of at least $100 or 20% to the monthly amount of the current child support order.
- There has been a material and substantial change in the circumstances of the spouse.
- The child has developed special educational, psychological, or medical needs.
The material and substantial change in circumstances usually means:
- There has been a substantial increase or decrease in the income of the noncustodial parent.
- An additional child is the legal responsibility of the noncustodial parent.
- There has been a change in the medical insurance coverage of the child.
- There has been a change in the living arrangements of the child.
Call a Post-Judgment Modification Lawyer in The Woodlands Today!
If you feel that your circumstances have changed and those changed circumstances warrant a modification of the terms and conditions of the divorce decree, you have the right to seek an appropriate modification in a court of law.
Texas state law allows modification to alimony, child custody, child support, and other aspects of the original divorce decree if it can be shown that there has been a substantial change in the circumstances of either party.
However, the laws governing divorce modifications are complicated. You need someone knowledgeable and experienced by your side to guide you through the process.
Bolton Law has a team of reliable attorneys specializing in family law with an emphasis on divorce modifications. Give us a call at 281-351-7897 or contact us online to know more about the process and how we can help you with the modifications.