When a marriage dissolves in the form of a divorce, an order for divorce is issued. It describes how your children will be handled, and how your property will be divided and addresses a number of other important issues.
If a significant amount of time has passed since your divorce, you may find yourself unable to comply with the terms of your divorce decree. Moving to a new location, experiencing a change in income, switching jobs, or remarrying are all reasons why a divorce decree may need to be modified.
If your circumstances have changed since your divorce and the terms are no longer appropriate, the law firm can help. At Kelly Koch, we can help you put together a compelling argument and request a change in the law.
The decisions made during a divorce and the orders made for family matters, such as child custody arrangements, lay the groundwork for how your family will live and interact in the future. If one party violates a court order, such as by making a decision about the children without consulting the other parent, failing to make child support payments, or making a decision involving the children without consulting the other parent, legal action may be taken.
Wage garnishment, petitioning for contempt, notifying credit bureaus, and revoking a driver’s license are just a few of the measures the court may use to ensure a divorce decree’s compliance.
If you want to change the order that was issued for your divorce, you must go through the court. Fortunately for you, our knowledgeable family law attorney in Corpus Christi can assist you in making the necessary changes.
At our law firm, we make it our number one priority to always act in the best interests of both you and your children. You can be confident that we have the necessary level of expertise and experience in family law practice to help you modify an existing custody order or enforce an existing child support order.
A “modification” is a term used in the legal system to describe a change made to a legal situation. When a person experiences a change in their situation that is expected to last for an extended period of time, such as a change in income or the loss of employment, that person has the right to petition the court to modify the court-ordered arrangements.
Before the court will agree to modify an existing court order, an individual must be able to demonstrate that there has been a change in the individual’s circumstances. The court will then consider granting the requested modification. For example, if a parent who is responsible for paying child support every month becomes unemployed, he has the legal right to file a petition for modification to have his payments reduced for a set period of time. There are many areas of family law where adjustments may be made, including:
People should be aware that obtaining a modification to their family law court orders is not an easy task before deciding to seek such a change. This is especially true when there are children involved. As a result, anyone considering filing for a modification should first consult with an experienced family law attorney. It is a well-known fact that individuals who work with an experienced lawyer have a better chance of obtaining the desired outcome.
In Texas, the amount of child support that a parent who does not have primary physical custody of their child must pay is calculated using a formula. If a child support order has not been modified in at least three years and using the formula guidelines now may result in a 20% change or a difference of $100 or more, either parent may petition the court for a modification. A parent may also file a petition with the court if there has been a significant and material change in circumstances.
When determining child custody, the court will always base its decision on what is best for the child. A previously issued order may be modified if the court determines that new circumstances have resulted in a shift in the types of arrangements that are in the best interests of the child.
If the petitioner can demonstrate that there has been a significant change in the facts of the case, the court may decide to modify the amount of spousal support (also known as “alimony”) that one spouse is required to pay to the other spouse after the divorce. Any significant change in the paying spouse’s ability to pay alimony would be considered a change in circumstances warranting a review of the alimony decision. Changes in the receiving spouse’s physical or mental health, as well as the receiving spouse’s ability to earn a living, are examples of significant changes.
Child support, spousal support, legal custody, and visitation arrangements are just some of the many family law issues that may need revision at The Gould Law Firm. Our lawyers and legal staff are sensitive to the fact that clients’ situations may alter at any moment. They are there to give you legal counsel and guidance during every step of your family law case.
Our modification attorney is prepared to assist clients who have experienced a long-term change in their circumstances by fighting on their behalf and educating them on the legal options available to them.