Life is ever-changing, and circumstances that were once stable can evolve, necessitating adjustments to legal agreements made during a divorce. At Towson Law, we understand that these changes can significantly impact your life and the lives of your children. Our experienced attorneys are dedicated to assisting you in modifying existing court orders to reflect your current situation accurately.

Understanding Post-Divorce Modifications

Post-divorce modifications involve altering the terms of a divorce decree to accommodate significant changes in circumstances. These modifications can pertain to various aspects, including child custody, visitation, child support, and spousal maintenance.

Grounds for Modification

In Texas, to modify a court order, the requesting party must demonstrate that a material and substantial change in circumstances has occurred since the original order was established. Common grounds for modification include:

  • Change in Income: Significant increase or decrease in either party’s income, affecting the ability to pay or the need for support.
  • Relocation: One parent moving a considerable distance, impacting existing custody or visitation arrangements.
  • Change in Child’s Needs: Emergence of new educational, medical, or emotional needs of the child that require adjustments in support or custody.
  • Remarriage or Cohabitation: The remarriage or cohabitation of a former spouse, potentially affecting spousal maintenance agreements.
  • Health Issues: Serious illness or disability of a parent or child, necessitating changes in support or custody arrangements.

Modifying Child Custody and Visitation

Child custody and visitation orders can be modified if it is in the best interest of the child and one of the following conditions is met:

  • Material and Substantial Change: A significant change in circumstances of the child, a parent, or another party affected by the order.
  • Child’s Preference: The child is at least 12 years old and expresses a preference to the court regarding the primary residence.
  • Voluntary Relinquishment: The custodial parent has voluntarily relinquished primary care and possession of the child to another person for at least six months.

It’s important to note that the court’s primary consideration is always the best interest of the child.

Modifying Child Support

Child support orders may be modified if:

  • Three Years Have Passed: At least three years have elapsed since the order was established or last modified, and the monthly child support differs by either 20% or $100 from the amount that would be awarded under current guidelines.
  • Material and Substantial Change: A significant change in circumstances, such as a change in the non-custodial parent’s income, the child’s medical needs, or changes in custody arrangements.

Modifying Spousal Maintenance

Spousal maintenance orders can be modified if there is a material and substantial change in circumstances affecting either party. This could include changes in employment status, health issues, or financial needs.

The Modification Process

The process for modifying a court order involves several steps:

  • Filing a Petition: The requesting party files a Petition to Modify the Parent-Child Relationship or a similar document, depending on the modification sought.
  • Serving the Other Party: The other party must be formally notified of the petition and given an opportunity to respond.
  • Hearing: A court hearing is scheduled where both parties can present evidence and arguments supporting or opposing the modification.
  • Court Decision: The judge reviews the evidence and determines whether the modification is justified based on the presented facts and the best interest of the child.

Enforcement of Modified Orders

Once a modification is granted, it becomes a legally binding court order. If either party fails to comply with the modified terms, enforcement actions can be pursued, which may include contempt of court proceedings, wage garnishment, or other legal remedies.

How We Handle Post-Divorce Modifications

At Towson Law, we understand that modifications are often driven by unexpected life changes that require swift and thoughtful action. Our approach to handling modifications is grounded in practical solutions tailored to your unique circumstances:

  • Proactive Problem Solving: We assess how changes in your life—such as relocation, job shifts, or evolving needs of your children—affect your existing agreements and propose actionable solutions to address these new realities.
  • Tailored Strategies for Compliance: Ensuring modified orders are practical and enforceable is a top priority. We work with you to create terms that reflect what is reasonable and achievable, minimizing future disputes.
  • Focused Representation in Complex Cases: Modifications can involve contentious issues, such as contested relocations or substantial income changes. Our team excels in navigating these complexities with precision, whether through negotiation, mediation, or courtroom advocacy.
  • Advocacy for Children’s Stability: In cases involving child custody or support, we prioritize the stability and well-being of your children, crafting legal solutions that protect their interests while respecting your rights as a parent.
  • Empathy and Accessibility: Life changes can be overwhelming. We pride ourselves on providing compassionate guidance and being readily available to address your questions and concerns throughout the modification process.

Contact Towson Law

If you believe that a modification to your existing court order is necessary due to significant changes in your life or the lives of your children, contact Towson Law to schedule a consultation. Our experienced attorneys are here to provide the guidance and support you need to navigate the modification process effectively. Let us help you ensure that your legal agreements align with your current reality and protect your family’s well-being.