Divorce is an emotional, complicated process under Texas law, so you certainly experienced a sense of closure when your case concluded and the judge entered a final decree. However, you might not be aware that some divorce issues are subject to modification under certain circumstances. This concept may come as good news if your circumstances have changed and the terms of your divorce are no longer suitable for your current situation. You could be able to modify issues related to spousal maintenance or child custody, visitation, or support. When you are on the other side and your ex wants to make changes, you may not know how to protect our interests.
When you are facing such a confusing situation, it is crucial that you consult with an experienced attorney regarding modifications. Our team at The Ramos Law Group, PLLC represents many clients in your position, whether you are seeking to make changes or want to maintain the status quo. Please contact us to set up a consultation with a Pearland modifications lawyer, but some general information may help you understand the basics.
Legal Basis for Post-Divorce Modification
Texas’ approach to divorce cases is that it should rarely be necessary to re-address issues that were already resolved through agreement or court hearing. Therefore, the state statute requires that a court will only consider a modification when there has been a substantial change in circumstances for one former spouse or a child. Our attorneys at The Ramos Law Group, PLLC will counsel you regarding the following points regarding modifications:
- The change in circumstances must have manifested after the final divorce decree was entered. If it did not and the issue was present during the divorce case, the party’s remedy would be through an appeal.
- The modification process starts by one party filing a petition that includes a request for relief and supporting documentation. This information must also be forwarded to the ex-spouse, who has 20 days to file a written response.
- The court will schedule a hearing on the petition for modification, which is similar to a trial. Both sides will have the opportunity to present evidence and testimony to support their positions.
- If the petitioner proves that a substantial change in circumstances justifies modification, the judge may grant the petition.
- It is possible to seek modification related to financial obligations, including alimony and child support, as well as issues related to minor children.
Modifying Financial Obligations
A party may have grounds to file a modification petition related to the two key support obligations that exist after a divorce has been finalized:
Changes to Alimony: Both the recipient and payor of spousal support have standing to modify the arrangement based upon a change in circumstances. Many times, the paying party will seek a modification when a former spouse remarries or shares a household with another person as intimate partners. Other reasons to support modification may be a job loss or reduction in pay since income was an important factor in deciding the existing arrangement for spousal support.
Modifying a Child Support Order: Either parent may file a modification petition if the child’s needs have undergone a substantial change since the judge entered the current order. In addition, Texas law allows a court to revisit the issue of child support based upon economic conditions. The payor or recipient can seek modification when:
- At least three years have passed since the child support order was entered; AND,
- The amount a payor currently pays deviates by 20 percent or $100 from the child support guidelines in effect at the time.
Modifications To Child Custody & Visitation
It is also possible to modify the court’s order where the circumstances surrounding custody and visitation have substantially changed. Often, the reason for the modification is where the residential parent, i.e., managing conservator, seeks to relocate with the child. There are implications for the possessory conservator, the parent with visitation rights, since distance and other factors may impact the schedule. The parent filing the petition to modify must have compelling grounds to move, but the court will often allow a modification to child custody and visitation if it is based upon a job, family concerns, or other considerations.
Count On A Pearland Modifications Attorney To Advocate On Your Behalf
If you are facing a divorce modification situation, you need skilled legal counsel on your side to protect your interests. Our lawyers at The Ramos Law Group, PLLC are prepared to help you achieve your goals and obtain a positive result, whether by agreement or hearing in court. Please contact our office today to schedule a consultation regarding your circumstances.