Post-Divorce Modifications in Texas

The author talks about post-divorce modifications.

When it comes to Texas post-divorce modifications, legal action falls into 3 main categories. Those categories include:

* income & financial needs;
* child custody; and
* enforcement.

Whatever your reasons for post-divorce modifications, you greatly increase the chance for a favorable decision when you seek the services of an experienced Dallas divorce attorney.

Income & Financial Needs

If divorce proves anything, it shows us how drastically our lives and circumstances can change from what they once were. It makes sense then that certain conditions of your Texas divorce may need to be modified years later if your personal financial situation has also changed.

One of the most common areas where Texas post-divorce modifications may be necessary is child support.

A few examples in which post-divorce modifications related to finances may be necessary include:

* The parent paying child support loses a job: Or perhaps the parent has switched to a significantly lower paying job. Either way, if the noncustodial parent’s income drops, they are entitled to ask for a reduction in child support payments.
* The noncustodial parent’s income increases: When the parent paying child support has a spike in income, the other parent has the right to request additional child support.
* The child has an increase in needs: This could be the result of medical reasons. If the child has an increase in medical expenses, the noncustodial parent may be required to chip in.
* The child has a decrease in needs: If the child’s expenses, medical or otherwise, were to drop, the noncustodial parent can request to pay less in child support.

Texas Child Custody Modifications

Parents don’t often request to change a child custody arrangement after the divorce is finalized. Sometimes, though, there are changes at the custodial parent’s home which require the child to be removed.

When requesting a change in Texas child custody, it is always a good idea to speak to an experienced Dallas divorce attorney who can guide you through this process.

Reasons a parent may request a modification in child custody include:

* relocation: if one parent wants to move the child far away or out of state;
* drug use in the home;
* violence in the home; and/or
* gross lack of supervision.

Enforcement of Divorce Decrees in Texas

If for some reason your ex-spouse is not living up to the obligations outlined in your Texas divorce agreement, you may need legal representation to help enforce those payments. These issues usually revolve around unpaid child support or unpaid spousal support. Under these circumstances a Dallas divorce attorney can help you take steps to get the funds owed to you and your child.

It is important to keep in mind that Texas child visitation schedules must continue even if the noncustodial parent is behind in their child support payments. Likewise, a noncustodial parent cannot stop paying child support if visitation rights are being withheld. In either circumstance, you will want the assistance of a Dallas divorce attorney to help settle such disputes.

Enforcement of court-ordered divorce agreements also extend to division of marital property. This means that if your divorce decree stated that your ex-spouse must turn over certain property to you, but they have failed to do so, you can take the proper legal action to enforce that decision.

Dallas family law attorney Jon R. Boyd can help you and your children get the fresh start you need. Our law firm is located at 15455 Dallas Parkway, Suite 600, Addison TX 75001. Phone 972-764-3200.

Copyright Cotten Schmidt, L.L.P.

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

Find a Lawyer