Cypress Divorce
Modifications
Lawyer

When Can Divorce be
Modified in Cypress, TX?

In the state of Texas, getting a decree changed can take some serious work and evidence. For any chance of success, you will need proof that your circumstances have changed to the point where the decree needs to be modified.

On top of that evidence, a period of 6 months or more must also have elapsed between the finalization of the divorce and the appeal for a modification. However, the courts will usually look more favorably upon decree modification requests, the further past the 6 month mark the appeal is made.

Mutual Agreement

Sometimes ex-spouses settle their differences and become more amicable in the future. If you and your spouse are in total agreement over the changes that you want to make, the process is much simpler and a modification may be made to the agreement.

Child Support Guideline Changes

If you are looking at appealing for a change in child support payments, you cannot appeal for this change until a period of 3 years or more since the finalization of your child support agreement has elapsed.

If one party goes on to remarry and have children in the new marriage, they may be able to seek a modification to reduce alimony and child support payments.

If you develop an illness or disability that forces you into unemployment, you may also seek a divorce modification as you may no longer be able to afford your payments.

Modification Of Alimony

Under the Texas Family Code modifications can be made to child support, child custody, and spousal support arrangements. The most common modification appeal that we deal with here at Skillern Firm Divorce & Child Custody Lawyers is changes to alimony or spousal support payments. Alimony payments are payments made by one ex-spouse to the other in order to financially support them after the marriage ends.

Alimony was designed to help parties who may have sacrificed things during their marriage, such as earning potential and careers to care for children.

There are numerous reasons to seek a modification in alimony payments. One example may be losing a job, another may be the development of an illness that reduces the parties’ ability to earn the same income.

In order to seek a modification to the amount of alimony that you have to pay, you will have to work with your attorney to provide substantial evidence of the change in your circumstances
.

Child Custody Modification

Usually, when both parents want full access to their children, one party is left unhappy with the custody results following a divorce.

Later on down the line, parents might want to seek primary custody or to increase the level of visitation they were awarded by the Judge.

Here are a few examples of why a parent might want to change their child custody arrangement:

• A child’s residence changes.
• A child develops a mental, emotional, or physical disorder that one parent is much better equipped to deal with.
• A child shows a strong desire to live with one parent.
• An improvement in the life, career, and ability to provide for the child’s needs of the party who was not given visitation rights or custody during the divorce proceedings.
• A child custody modification is also possible if both parties agree that the child’s primary conservator should change.

Ultimately, the choice will come down to the Judge and in the state of Texas, the Judge will always make a decision based on what they believe to be in the best interests of the child.

Child Support Modification

In order to appeal for a change in the level of child support that you have to pay, you will need to ensure that a period of 3 years or more has elapsed since the decree was finalized.

You must also be able to show substantial evidence that your current situation and circumstances are different from when the decree was ordered.

Some reasons that a Judge may find acceptable grounds for a child support modification could include:

• A large decrease or a large increase in one party’s salary and income.
• Becoming unemployed.
• Losing a house.
• The child developing needs that require more financial support.
• The child developing medical issues that require financial support.
• One party remarries and has children in the new marriage.

What Traits Should I Look For in a Family Law Attorney?

Finding the right family law attorney can seem like a scary task. After all, this individual will be fighting for decisions that are going to have a massive impact on your life in the near to distant future.

When you are doing your research on what law firm and what team of divorce lawyers to hire, you should look for a team that shows all the right qualities.

To begin with, if you have never used the firm before, we recommend finding a family law attorney that is willing to offer an initial consultation and case evaluation. During this meeting, you can begin to get a feel for how they work and ask any immediate questions you have.

It is their job to use the initial consultation to instill confidence in you. If you are leaving that meeting without feeling confident in their ability, you might want to look elsewhere.

Experience in Family Law Matters

Any team of good Cypress, TX family lawyers will be able to provide a list of wins and previous happy customers to a new client.

Word of mouth and independent review sites are also good ways to ensure you are making the right choice.

Accessibility and Attorney-Client Relationship

A good family law attorney will show you the right level of personal attention. Remember, if they are good at what they do, they will have a full caseload of clients so you should never expect instant around-the-clock access to them.

You should, however, feel that they allocate you the right amount of time. They should reply to queries promptly and make time in their schedule for any meetings and phone calls you need to have.