Do You Need To Modify An Existing Custody Or Support Agreement?
During a divorce, the parties try to resolve every significant issue. Decisions are made based on the best available information. And when you finally receive the final order from the court detailing the terms of divorce, you are relieved that it is over. But, life is full of changes. There are parts of your divorce decree that may eventually need to be revisited.
Our attorneys at Sanchez & Farrar PLLC can help you when that time comes. The most likely areas that will require court modifications are: child custody, child support, and spousal maintenance.
Child Custody Modifications
In Texas, one of the grounds to modify a possessory order includes a substantial change in circumstance. This can range from a parent being convicted of a criminal activity, substance abuse, a change in the health of a parent or the child, domestic violence, the need to relocate, or a significant change in employment.
As the standard modification suggests, these must be “substantial” changes. Also, if you reach an agreement with your child’s other parent, that agreement must be approved by the court. Informal “agreements” can cause significant problems, as they could be unenforceable.
Modifying Child Support Or Spousal Support
If you have lost a job or suffered other cuts to your income, managing your support obligations can be a challenge. In most cases, a temporary job loss will not be sufficient for a court to grant a reduction in support obligations.
A court presumes that you must work in order to cover your own expenses and presumes that you will find a new job. Voluntary unemployment is not permitted. However, if you have been unable to find comparable work with a similar income, you need to work with an attorney to request a modification from a court. This will require a high degree of substantial evidence, as courts are wary of any request to reduce these obligations.
Beware of Informal Modifications
These changes need to be worked out with the court. Making informal modifications is risky because the other party could at any time refuse to accept the modification and demand that all arrearages be paid in full. We can help you obtain court approval when there has been a substantial change in circumstance that supports such a modification.
Questions About Modifications? Call Today.
Don’t make changes on your own. We can help ensure you obtain a valid modification to any court order. To speak with our lawyers, call our office or use our online form.
Our legal team is fluent in both English and Spanish.