Katy Divorce Modifications Lawyer
When your circumstances change, the agreements made when you obtained your divorce decree may no longer suit you and your family. While divorce decrees are legally binding, they can be changed. The process of changing your decree is known as a “divorce modification”.
In order to seek a divorce modification in Katy, TX, you will need to work with a family law attorney to prove that there has been a substantial change in circumstances, a change that warrants the modification. If you are unsure of whether or not your situation warrants a divorce modification the best route to take is to contact a reputable law firm, such as Skillern Firm. Our team of Katy divorce lawyers will be able to evaluate your situation and advise you on the best course of action.
Contact Skillern Firm
Here at Skillern Firm, we deal with family law matters on a daily basis. By seeking legal representation from a skilled family law attorney, you can be assured that you are in capable hands. We know that you are looking out for what is best for your family and we want to work with you to ensure you have the brightest possible future. We know how challenging it can feel to seek a divorce modification and we want you to feel confident in our abilities.
We have handled numerous divorce modifications just like yours and with our stellar approach to the attorney-client relationship and our attorney’s skills in mediation and negotiation, we can make the process as smooth as possible. Don’t hesitate to contact us today at (936) 213-8479 to arrange an initial case evaluation with a divorce modification lawyer.
Are Divorce Decrees Legally Binding?
Some aspects of a divorce decree are legally binding, such as the division of marital assets, child support, spousal support, and custody arrangements. This is true regardless of how you reached your divorce agreement. If one spouse decides they are not going to comply with their divorce decree, the court can hold them accountable for refusing.
Often, people’s circumstances change in the years following the divorce and this can make it difficult for people to comply with their divorce decree. In these cases, a divorce modification may be the best route to take. If you are unsure if this applies to your situation, we recommend that you speak it through with an experienced divorce attorney. Divorce lawyers deal with this on a daily basis and will be able to advise you on your unique circumstances.
When Can Divorce be Modified in Katy, TX?
It isn’t easy to get a decree changed in the state of Texas. In most cases, for the appeal for changes to be successful, there will need to be substantial proof that the circumstances of an individual have changed and that a modification is necessary. A time period of six months must usually also have occurred between the divorce being finalized and a modification being applied for. In most cases, the more time that has passed since the divorce process was finalized, the better. A divorce modification may also be changed if both parties involved are in mutual agreement.
Some ex-spouses maintain an amicable, sometimes even friendly relationship during their legal separation. In these cases, when both parties are in full cooperation and agreement with the changes, they can appeal to the court for a divorce modification.
Child Support Guideline Changes
Your child support order can be modified in Katy, TX if one of the following is true:
- A period of three years has passed since the divorce process was finalized.
- A substantial change in circumstances has occurred.
Material and Substantial Changes
Material and substantial changes include things like:
- One party has another child.
- One party becomes disabled or unemployed.
- One party has a significant increase or decrease in income.
What Can be Modified?
The Texas Family Code states that modifications can be allowed for child support, child custody, and spousal support. If you are unsure if your order can be modified, get in touch with our Katy divorce attorneys today.
Modification Of Alimony
Spousal support changes are the most common changes that clients ask us to deal with. This relates to how much money a person must pay their ex-spouse after a divorce. Spousal support was created so that parents who have sacrificed careers to look after children or spouses who have made other large sacrifices for the marriage, have financial support when they leave the relationship.
There are many reasons why a change in circumstances could mean that a person can no longer financially afford to pay alimony, which is why modifications are permitted. To seek a change in the amount you have to pay in terms of spousal support there needs to be substantial evidence that there has been a significant change in circumstances. Examples of this might include an injury that prevents a person from working in the same capacity or a serious illness that means someone cannot work.
Child Custody Modification
When it comes to child support, parents might want a chance to become the primary custodial parent or to increase their visitation. Examples of reasons to change child custody arrangements include:
- A child’s residence changes.
- A child’s needs change or they develop a mental, emotional, or physical disorder that one parent is much better equipped to deal with.
- A child expresses a desire to live with the other parent.
- Improvement in the life 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.
In Texas, regardless of the arguments and proof, a Judge will always act in a way they believe to be in the best interests of the child.
Child Support Modification
A period of 3 years must usually have elapsed in order for a child support order to be changed, and there must be a significant change in circumstances to allow for the changes. Some examples of why a court would find grounds for a child support modification include:
- A large increase in salary for the party paying child support, meaning they can afford to pay more in child support.
- A former spouse has lost their house or job.
- The child needs a lot more financial support in order to further their education.
- The child has developed medical problems that require financial support to facilitate.
What Traits Should I Look For in a Family Law Attorney?
It can be a daunting task looking through the many family lawyers and law firms that could handle your Texas divorce case. Most people have never needed representation from a lawyer before and this means they have no idea where to start. When it comes to seeking help for family law issues, complex divorce cases, marital property division, and helping you win a custody battle, you want the best in the business.
To begin with, we highly recommend that you only seek help from law firms that offer an initial consultation. These firms will be willing to give you some advice, help you with any questions you have, and will usually evaluate your case. This will help you feel comfortable and ensure you proceed with the attorneys you felt most confident in.
Experience in Family Law Matters
Your attorney should be able to showcase their wins and referrals from previous clients in the Katy, TX area. If they are hesitant to do so or have bad reviews on independent review sites, stay well clear.
While you should never expect to have 24/7 around-the-clock access to your attorney, you should feel like they respond to your queries in a prompt manner and that they make time for you as a client. Remember, the better the attorney, the busier their caseload will probably be.
Questions to Ask a Potential Divorce Attorney
- Do you have experience dealing with cases just like mine?
- What is your specialization?
- Do you have a record of previous wins and testimonials?
Divorce Modifications FAQ
Q: Can you amend a divorce decree in Texas?
A: It is possible to get a divorce decree modified under Texas state law but it can often be a serious challenge. The best way to find out if you are eligible is to speak to a family attorney about the specifics of your divorce case.
Q: What is a modification lawyer?
A: A modifications lawyer is one who deals with family law matters. They may be known as a divorce attorney and will have experience in dealing with divorce modifications, child custody battles, and child support.
Q: Does a good divorce attorney make a difference?
A: If you are taking on the challenge of getting a divorce decree modification, you will always have a better chance if you seek legal representation. Your chances increase again if your choice of family law attorney and law office are reputable and skilled.
Contact a Family Law Firm in Katy, TX
Here, at Skillern Firm, we approach every case with finesse and experience. We prioritize the attorney-client relationship, which means we will fight aggressively for your rights, listen compassionately, and will advise you to the best of our knowledge. We will spend the time necessary to learn the history of your divorce case and we will ensure you have the best possible chance at a brighter future.
Whether you are seeking our help so you can modify your divorce decree, or you are worried about the potential changes your ex-spouse wants to make, you are in good hands with a family attorney from Skillern Firm. We are skilled in mediation and negotiation. This allows us to create a safe calm space for you and your ex-spouse to come to an amicable agreement. This will play in your favor when you approach the courts. We know that your situation and individual circumstances can change and this may mean that you need help. Whether this is regarding child support, spousal support, or visitation rights, we have the experience and skill necessary to fight on your behalf.
Contact us today for an initial consultation at (936) 213-8479.