Finalizing a divorce can be a very lengthy process involving multiple mediations over issues, including the division of assets, child custody, child support payments, and alimony, among other contentious issues. Once the divorce decree has been signed, the divorce process is complete; but situations may arise over time that require the decree to be modified.
It’s vital that you always keep a copy of your divorce decree in your personal records for easy reference. When a situation arises where a modification may be needed, you can quickly review the details of the agreement to be sure you understand your options. When a substantial life event occurs that affects one or more of the terms of the original decree, speak to an experienced divorce attorney to start the modification process.
Why Modify a Divorce Decree?
Life changes as you, your former spouse, and your children grow older and new life events occur. Should your income, relationships, assets, medical history, or other circumstances develop, the original divorce decree may need to be modified. Adjustments to custody arrangements, payment amounts, and visitation schedules may be required to allow a more equal compromise for the current situation of all parties involved, including your children.
The most common divorce modifications requested involve child support, child custody, and spousal support. Additionally, one party may not be abiding by the terms of the divorce decree, making it necessary for modifications to be made to ensure that everyone is being treated fairly under the law. No matter the reason for the changes, hiring an experienced divorce attorney to navigate your divorce modification will greatly increase the chance of a favorable decision.
Some situations in which a divorce decree modification may be needed include:
- The noncustodial parent who is paying child support loses their job or switches to a new job that pays significantly less. They can ask the court for reduced child support payments.
- The noncustodial parent who pays child support has an increase in income. The custodial parent has the right to request additional child support.
- The child has an increase in medical expenses or other needs that require financial assistance. The noncustodial parent may be required to provide additional financial support.
- The child has a decrease in medical expenses or other needs that previously required financial assistance. The noncustodial parent is entitled to ask for reduced child support payments.
- If a parent relocates and wants to move the child out of town or out of state, they may need to seek a modification, depending on the details of the existing custody agreement. This can ensure protection for the custodial parent from legal action by the non-custodial parent.
- If the custodial parent’s home has suspected drug use, violence, or a gross lack of supervision, the noncustodial parent can request custody. You can also seek emergency custody change orders to get the children to safety quickly while also working on a more formal modification to the existing agreement.
- If the ex-spouse receiving alimony is no longer disabled or is cohabitating with an adult with whom they share a sexual relationship, a request to stop spousal support payments may be made.
Special Circumstances for Modifying Child Custody After Divorce
Parents don’t typically request to modify a child custody agreement after a divorce is finalized unless their circumstances change significantly. Unfortunately, there are also some changes that can happen at the custodial parent’s home that require the child to be removed from their custody.
You or your ex-spouse can modify the divorce decree as it pertains to possession or access if the circumstances of your child and / or either party involved have materially changed since the date on which your decree was signed. However, the child’s best interests must always remain at the forefront of the parents’ divorce agreement.
In situations where a child is 12 years or older, a parent can potentially file a motion to have the child confer with the judge in chambers to express their opinion about with whom they would like to live. This allows the child to speak freely about any concerns or fears they have without worrying about either parent hearing these statements. The judge can then make a more informed decision in line with the child’s interests. This should only be undertaken with the advice and counsel of an experienced family law lawyer.
Can’t We Just Change Our Arrangements Without Getting the Courts Involved?
Some couples have very friendly divorces and can successfully engage in co-parenting with a minimum of negative interaction. They may feel they can trust one another and modify their child custody and / or child support arrangements without having to get the courts involved.
This may work for some details, such as changing a designated drop-off schedule when a child’s sports schedule changes. However, for issues such as child support and legal custody, among other divorce concerns, it really is best to have everything modified in writing and established legally. This protects everyone involved, especially the children, from facing unexpected accusations or problems.
Situations and understandings can be drastically altered when new partners, employment changes, and moving come into play. Officially modifying the divorce agreement and child custody/child support orders ensures your children’s best interests are put first.
How to Modify a Divorce Decree
With the help of a knowledgeable family law attorney, a divorce decree modification can be filed in the same court that originally heard your divorce case. Either party can move to modify the decree as soon as one year after it was signed by the judge (in most cases). Once you are sure you want to change the decree, you should speak with a skilled family law attorney to review your existing documents and discuss the alterations you want.
A modification is a legal amendment made to the original decree. Once approved, it will essentially “update” the original decree to reflect the new changes. All modifications must be approved by the court to be legally enforceable. Your attorney can evaluate your requests and put them into a format that will safeguard the needs of you and your children under the law.
Modifications do require going through a detailed process, and having an experienced divorce attorney on your side will be essential. This can ensure you don’t overlook any important details that could tilt the modification against you unfavorably. Remember that legal actions such as a divorce modification result in legally binding agreements, so you want skilled legal representation to craft a document that will serve your family’s interests for as long as possible.
Speak with Our Texas Divorce Attorneys for Help Today
Divorces can be complex battles that require legal guidance. There are various factors influencing the amount of child support and alimony. In addition, the child custody schedule should be carefully reviewed in order to protect all parties involved. Ultimately, it’s vital that you do not try to manage things yourself to avoid pitfalls and mistakes that could work against you.
At Terry & Roberts, we understand the complexities of family law and how to interpret all relevant statutes and case law to your best advantage in a divorce modification. We work for your interests and those of your children, ensuring everyone’s rights are protected. Our divorce modifications lawyers can work efficiently and professionally with your ex-spouse’s attorney, resolving even the most complicated issues for the best outcome possible.
If your divorce, custody, or child support terms need modifying, you likely have a lot of important questions and concerns. We are ready to sit down and explain your options so you can make an informed decision on how to proceed. Don’t wait another day to consider how to update these critical documents. Contact the experienced legal team at Terry & Roberts to discuss your case today.