It’s not uncommon for family relationships and finances to change after a divorce. If your income has changed, if you now have more or less time with your child, or if you have additional children in another marriage, you may need to request a change to your original support or child custody order. Even alimony is subject to change.
The dedicated and highly experience Houston divorce attorneys offer comprehensive legal services related to the modification of family law orders. Our family law attorneys can explain how the court views a request to modify an existing visitation or support order and the process for doing so. It’s vitally important to follow the proper procedure so you do not find yourself facing a contempt order for violating the terms of your original court order.
Reasons to Request a Post-Divorce Modification
Family court judges recognize that circumstances change over time and that there may be pressing reasons to modify an order. However, a court order is never changed lightly. You must have the facts together to support a request for modification of an order. Our office will collect evidence and documentation to support your request before the court.
Child support: Has your income changed significantly? Have your child’s needs changed? Has she started or completed daycare? Does he have a medical condition? Are there special educational needs?
Child custody and visitation: Are there school or work reasons that make a change preferable? Has the other parent demonstrated they are unfit to parent because of child abuse, neglect, or a drug abuse problem? Has the non-custodial parent consistently missed parenting time as described in your parenting plan/child custody order?
Move away situations: You cannot remove your child from the state without taking your case back to court and showing a good reason for moving, such as a better paying job or remarriage.
Spousal maintenance: Has the person paying alimony had a loss of income?
A Houston divorce Attorney can assist you with the modification process, even if we did not represent you in your divorce proceeding. Additionally, it may sometimes be necessary to modify a final divorce judgment (appeal.)
Why It’s Important to Follow Procedure
We often see people who have run into trouble with the law because they attempted to work out an informal agreement with a former spouse. Working outside the system leaves you vulnerable to false charges of non-payment, a contempt-of-court order, and possibly jail time. It’s always best to formalize any agreement by taking your case back to court.
In particular circumstances, a person may request that the trial court modify the judgment of dissolution after it has been entered. Expeditious action is necessary and you need highly experienced attorneys who will advocate on your behalf to ensure that your rights and best interests are protected
For more information on our Judgment Modification issues, contact us for a no-charge consultation to discuss your concerns. When you retain us, you have a team of experienced divorce attorneys, forensic accountants, investigators, and highly skilled support staff resolving your case.
Modification of Judgment in Houston
1) What reasons have to be presented to get a child or spousal support order changed in Houston?
- For a court to modify an existing child or spousal support order, the legal court have to find that now there has been a change of circumstances since the previous request was made.
- The most typical change of circumstances is usually a rise in the salary of the paying party, which often increases in the support order.
- An exception is a case when the parent, having custody of the minor children, agrees to get a smaller amount of child support that is indicated under the Minimum Child Support Guideline.
- At these times, the custodial parent may afterward petition the legal court for a larger child support order; even when there isn’t any evidence that the other parent’s income is higher.
2) I do not agree with how the judge split up our community property.
- How can I get the judge’s decision changed Houston?
- The parts of a judgment that separate the community property can’t be modified. In case you are not satisfied with the judge’s decision, you might look at filing an appeal.
Houston Modification of Final Judgment Attorneys
Post-divorce, you may be forced to go back to the courtroom to “modify” the final judgment for the reason that life’s conditions have changed. A parent might want to move with the children out of state. Another parent may choose to reduce child support caused by a loss of employment or even severe illness. Child custody could be questioned whenever one of the parents might be alienating the affections of the kid for the other parent or if the non-residential parent feels that it must be now for the kid’s interest to reside with them. Also, a child visitation schedule may be changed through the modification process.
State courts understand the need for many divorced spouses to alter the terms of their child support and visitation conditions for some reasons, but generally require that a substantial showing of altered circumstances be shown before it permits a motion for modification. Where the request for amendment is based on changed financial situations, the court will usually demand to see a 15 percent change in the ability to make payments. A change this significant may be determined by upward or downward alterations in income. A rise or fall in earnings for either party may balance out the child support equation, thereby increasing or decreasing the child support obligation. Houston modifications in child support can also be requested if there are inevitable increases or decreases in living expenses or other considerable changes.
Our Firm can represent either the party looking for the Houston modification or the party countering it. Either way, we will be sure you have a solid idea of your rights and responsibilities under the law, and we all can assist you to accomplish your goals to the extent the law allows.
Our Firm serves Houston and throughout the state. We offer a free consultation that enables you to meet personally with one of our family attorneys to confidentially talk about your case. Our firm has reasonable fees and flexible payment plans. We work tirelessly to obtain the best possible result for our clients.
Our Law Firm is located within Houston and gives a free consultation that allows you to speak to personally with one of our lawyers to discuss your case privately.
Why You Must Have a Houston Modification of Judgments Lawyer
In the perfect world, as soon as your divorce is issued, you would never need to address it again, and this would go away completely. Of course in an ideal world, possibly there won’t be any divorces at all. Nevertheless, they certainly don’t go away in this world. Once you’re divorced, you may be dealing with legal issues about the divorce for several years to come, particularly if you have kids. From custody to child support reduction, visitation to spousal support, there is almost always a necessity for a Houston modification of judgments lawyer.
Modification of judgment is an appeal by one of the parties to change the past judgment based upon new information. This information could be a change in one of the spouse’s salary or belongings, the fact that one of the spouses has married again, or even that the child is now not living in the household.
Examples of this might be if your ex-spouse had previously claimed that they were not able to give child support, but still, you learned that they do have a great job with plenty of cash coming in. A Houston modification of judgments lawyer would undoubtedly help you to get that back into court to get the original judgment changed.
In essence, a Houston modification of judgments lawyer’s goal is to update the court on the state of the two parties and ensure that the decisions that are present are also correct. There are few child support cases or spousal support cases that are not amended or changed from the time a child is small until they turn eighteen. Conditions improve for both spouses, and it is essential that the judgments get reviewed from time to time.
Modification of judgment also applies to child custody and visitation. In particular cases, there could be a change of circumstances whereby one spouse is no longer eligible for visitation, and modification of judgment lawyer can help you make sure that your children are protected from them. On the other hand, if you feel that your child is not in safe hands, you may request that visitation or custody be changed.
It is always wise to have proper legal representation on your side well before your day in court ever happens, and by finding an experienced and qualified Houston modification of judgments lawyer to represent you, you will be assured of having a more successful outcome. Regardless of the type of child custody or support modification that you are seeking, you will have a better chance of the right result.