Post-Judgment Modification Lawyer in The Woodlands

What Is a Post-Judgment Modifications Lawyer?

For a judge to agree to a change in a divorce settlement, it needs to be proven that there has been a significant change in the circumstances after the divorce decree was granted.

A modification may be required for various reasons. Sometimes the income of the non-custodial spouse changes and they may want to amend the settlement as per their current financial circumstances.

If the parents want to switch the primary residence of the child, this will require a modification.

Here at Bolton Law, our team of attorneys has extensive experience in representing clients seeking post-judgment modifications. Give us a call at (936) 297-4668 to learn how we can help you receive the modification you need in the Woodlands.

What Are Some Modifications to Alimony?

Family law courts in Texas aren’t usually enthusiastic about reopening alimony cases if a petitioner is seeking to modify the amount of spousal support they have previously been ordered to pay. Compelling evidence must be presented to support this type of modification.

An alimony modification will not be granted simply because one of the parties feels they were wronged. Substantial evidence is required to prove there has been enough of a change in circumstances to warrant the modification.

Some examples of situations in which a judge might grade a modification to alimony:

• The income of the spouse paying alimony has decreased significantly.
• The expenses of the spouse paying alimony have increased significantly.
• The income of the spouse receiving alimony has increased significantly.

What Are Some Modifications to Child Custody?

Custody of minor children is usually one of the most contested parts of a divorce decree. The terms and conditions of a divorce usually include several aspects of child custody such as child support rights, primary custodial parent, and visitation schedule.

When circumstances change, a modification to child custody may be warranted. Some of the common reasons for this include:

• A change in the residence of the child
• The child develops a physical, emotional, or mental disorder
• One of the parents is relocating
• There is violence or drug use in the home
• There is a gross lack of supervision
• The inability of a parent to care for their child due to certain changes in their circumstances
• The child wants to live with the other parent

What Are Some Modifications to Child Support?

The child support orders in Texas may be modified through a court hearing or through the Child Support Review Process. If both spouses agree, the Child Support Review Process is much faster than a court hearing. In most cases, a child support order may be modified under the following circumstances:

• At least three years have passed since the last order was established or modified.
• There is a difference of at least $100 or 20% to the monthly amount of the current child support order.
• There has been a material and substantial change in the circumstances of the spouse.
• The child has developed special educational, psychological, or medical needs.

The material and substantial change in circumstances usually means:

• There has been a substantial increase or decrease in the income of the noncustodial parent.
• An additional child is the legal responsibility of the noncustodial parent.
• There has been a change in the medical insurance coverage of the child.
• There has been a change in the living arrangements of the child.

Why Should I Hire a Divorce Modifications Lawyer?

It takes a lot of time to finalize a divorce in Texas. In many cases, a couple has to go through multiple modifications before agreeing to the terms and conditions of the divorce decree.

You may feel your proposed modification request is justified, but it needs to be accepted by a judge to be enforceable. An experienced post-judgment modification lawyer from Bolton Law in The Woodlands, Texas can help you understand whether it makes sense to file a modification request.

Our attorneys can also explain what’s necessary to increase the likelihood of a decision in your favor. Call us at (936) 297-4668 to learn more about the modification process in the Woodlands.