The final decrees of a divorce are not always set in stone. Any substantial change of circumstances in someone’s life may lead to a need for divorce modification. A job loss or change of events in the circumstances surrounding a child are only a few of the many reasons to consider modifying these legal documents, but this act is not a simple process, and understanding how to make this happen is not always clear.
When life changes require you to ask for a divorce modification, seek a family law attorney who understands how to demonstrate the substantial change and its impact on your life in court to ensure the changes you require will take place as soon as possible. Le & Le, PLLC is dedicated to helping clients amid overwhelming transitions to provide honest answers and commitment from a family law attorney.
Reasons for a Divorce Modification
Post-divorce modifications must be made through the courts by filing a petition in the county where the divorce was granted. These changes are not easy, requiring the requesting party to offer evidence of a significant difference in circumstances. A Dallas divorce modification attorney will help ensure the evidence to support this request is in place and offer sound legal advice to reduce the chances of a modification denial.
Le & Le, PLLC strives to make the following modifications less overwhelming when you need to file a petition with a family court in Dallas County. Our intent to build a solid attorney-client relationship allows us to understand your needs, striving for the most favorable outcome because we know life often brings challenging circumstances to everyone.
Spousal Maintenance
Referred to as “alimony” or “spousal support,” spousal maintenance in Texas is awarded to a partner in a divorce as support to help them establish life post-divorce and is meant to be a temporary payment lasting the shortest duration possible. The requesting party will be responsible for proving a substantial change has occurred. Requests for both an increase or decrease in the amount of spousal maintenance can be made.
Some of the reasons to request a change may include:
- A change in employment
- Changes in income for the payee or maintenance receiver
- Health changes
- A change in a living situation, such as remarriage of the recipient or cohabitation with a new partner
- An increase in the expenses of a spouse paying maintenance
Work with a relentless divorce modification attorney in Dallas to ensure petitions are supported and submitted correctly to secure the changes in “alimony” or “spousal support” needed for a financially stable living environment.
Child Support
To request a change in a child support order, at least one of the following statements must be true:
- More than three years have passed since the court order was established or last modified, and
- According to guidelines, a reason exists to modify child support because the amount that would be awarded has changed by 20% or $100, or
- Since the last child support order was established, a material and substantial change has occurred
While some of these changes are more easily quantifiable, establishing that a material and substantial change has occurred can be more challenging. However, any modifications will benefit from the legal advice of a family law attorney who has built a strong attorney-client relationship and understands the dynamics of your family.
Child Custody
Child custody orders must go through family court to be changed. Failing to follow a court order may lead to the other parent filing a petition in court to enforce the order. These situations become particularly arduous to navigate when suspicions of abuse or neglect exist.
Consult with the post-divorce modifications attorneys at Le & Le, PLLC to begin taking action for your child’s welfare. Ultimately, the court’s objective is to serve the child’s best interests. A custodial parent has the authority to make final decisions for a child but cannot refuse to follow a court order.
Any custody case with orders in place must go through the courts for modification, and our team can provide the legal advice needed to address child safety concerns immediately.
Reasons for the modification of child custody may include:
- Concern for the safety of a child
- A disregard of current custody orders by a parent
- The needs of the child have shifted
- A parent has experienced a situational change
- A geographical change has occurred
- A parent has died
- The need to adjust primary custody temporarily exists
The court’s primary consideration will be the child’s best interests. As a parent, you understand your child well. Le & Le, PLLC will work with you to make sure your child’s needs are met.
Types of Divorce Modifications We Handle
We are a team that works honestly and compassionately with our clients to help meet the needs of a changing family. If a child’s needs have shifted, we will begin the process by filing a child support modification case to address any needed corrections. We will also assist with a child support enforcement order when a parent is not meeting their obligations to a child.
We address spousal maintenance issues clients face involving a former spouse. Talk with us if a former spouse does not comply with court spousal maintenance orders or when a material and substantial change has occurred. Le & Le, PLLC can also help you take steps to modify spousal maintenance if you are making payment to an ex-spouse and remarriage has taken place or their living circumstances have changed due to cohabitation with a new partner.
Applying a vast knowledge and understanding of family law, we will help you determine if the reasons for seeking post-divorce modifications are valid to save you the time, cost, and stress of pursuing a modification when the law does not recognize it. Your time is valuable, and we will always offer honest answers and support our clients in critical decisions that can have tremendous impacts on their daily lives.
Contact Us to Start Your Divorce Modification Today
Once a divorce decree has been issued, modifying the legal document requires substantial proof that the change in a divorce agreement is necessary. Additionally, changes in a custody order or child support need dedicated family law lawyers to ensure the modifications are supported by the facts required by law. Modifying a divorce agreement can be less complicated with Le & Le, PLLC working with you to bring about these vital changes.