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Blog 2020 January What You Need to Know About Post-Divorce Modification
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What You Need to Know About Post-Divorce Modification

Posted By Law Office of Kathryn Marteeny || 15-Jan-2020

The results of your divorce are not permanent. Life constantly changes and evolves and, if these shifts are substantial enough, you may be able to successfully modify the terms of your divorce decree. Generally, you cannot modify property or asset division unless you can prove fraud. However, you can modify child custody, child support, and spousal support if you can prove a substantial change in circumstances.

Requesting a Post-Divorce Modification

If you believe the terms of your decree are no longer appropriate for your current situation, whether it be your custody arrangement or your spousal support payments, you can request a post-divorce modification. For child-related issues, you must prove not only a substantial change in circumstances, but you must also prove that a modification will serve the best interests of the children.

Here is what you need to know about achieving a post-divorce modification:

  • Child custody: Family courts believe in stability and consistency in the life of a child, so they are often reluctant to grant post-divorce modifications unless the petitioning parent can prove that the change is in their best interests. For example, if your co-parent’s job hours recently changed, making the current arrangement impractical, a judge may grant a modification to accommodate this.
  • Child support: If the paying parent was laid off, demoted, or now has more financial obligations after starting a new family, a judge may reduce the child support order. If the child has greater needs or expenses, the child support order may also increase.
  • Spousal support: Much like child support, if the paying party experiences certain financial difficulties, such as the loss of a job or a severe disability, the spousal support order may be reduced. If your former spouse remarries, the order will automatically terminate. If your former spouse moves in with a new partner, the order will not automatically terminate, though it is likely a judge will terminate or substantially reduce it when you request a modification from the court.

If you and your former spouse can agree on a post-divorce modification, this can save you some time in court, but you must still go through the appropriate legal channels to ensure the changes are enforceable. Whatever you do, you must not stop making payments or make reduced payments without the approval of the court. Otherwise, you might still be on the hook for these missed payments.

Speak to a Knowledgeable Family Law Attorney Today!

If you need a post-divorce modification, the team at the Law Office of Kathryn Marteeny will provide the exceptional legal guidance you need to ensure you obtain the results you need. Our team has more than three decades of combined legal experience, which we will use to your advantage. We understand the difficulties these legal matters present and will do what is necessary to help you move forward.

Get started on your post-divorce modification case today and reach out to our law office at (713) 936-2300 to schedule a consultation with a knowledgeable member of our family law team.

Categories: Divorce, Family Law

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Law Office of Kathryn Marteeny
Law Office of Kathryn Marteeny - Houston Family Law Attorney
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