The terms of your divorce decree may not always suit your life as time goes on. Children grow up, financial circumstances change, and so must the court’s orders. While the court understands that post-divorce modifications are often necessary, it generally will not modify property and asset division unless fraud or deception was involved. However, you can request a modification of child support, spousal support, and child custody if you believe the changes in your circumstances were significant enough to deem it necessary.
Modification of Court Orders
For a judge to grant a post-divorce modification, the changes in your life must be substantial. For this reason, post-divorce modifications are not as common as many believe they are. With skilled legal representation, you can increase your chances of obtaining the results you need.
Whether you are receiving spousal support or paying it, it is possible to modify the court order. If you or your former spouse involuntarily lost a job or developed a serious illness or disability, these are substantial enough changes that will likely result in a modification of the spousal support order. If the receiving party remarries, the spousal support order will automatically terminate.
Similarly, when modifying a child support order, a judge will likely grant a reduction if the paying parent involuntarily loses a job or develops a condition that prevents gainful employment. If the needs of the child change and increase, the child support order may increase as well.
Given the importance of stability and consistency in the life of a child, child custody and visitation modifications are not easily granted. To obtain a modification of your current child custody order you must prove not only that there was a drastic change in circumstances, but that the modification supports the best interests of the child. For example, if the child’s custodial parent developed a substance abuse problem, rendering the home environment unstable and unsafe, you can request a modification that will grant you custodial guardianship over the child.
As different as each of these key issues are, regardless of the modification you are requesting, you must gather enough proof to support your case, unless you and your former spouse can successfully reach an agreement on the matter. In such cases, you must still have the modifications approved by the court to ensure it is enforceable.
Discuss Your Case with an Experienced Family Law Attorney Today!
If you wish to change the terms of your divorce decree, you will need an experienced attorney to help you pursue a post-divorce modification. At Cynthia Tracy, Attorney at Law, P.C., our legal team is committed to guiding our clients through some of the most complex legal processes and ensuring the best possible results. Obtaining a post-divorce modification is no easy feat, so you should not start this process without first turning to us for the assistance you need.
Take the first step toward achieving a post-divorce modification today and call us at (281) 612-5443 to set up a consultation with a knowledgeable member of our team.