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The Woodlands Modifications Lawyer

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Even though the Texas divorce process isn’t easy, you no doubt felt relieved and got a sense of closure when the final decree was entered. However, circumstances can change in the years that follow, either for you or your ex-spouse. When life brings a new reality, the terms and conditions of divorce may no longer be suitable for one of the parties or their children. At some point, you may wonder if you can make modifications to spousal maintenance or child custody, visitation, and support. On the other side of things, your ex might be seeking a modification, so you’re unsure of your rights.

It’s understandable that you have questions and concerns about divorce modifications because the laws in this area are complicated. If you’re facing these issues, it’s important to have knowledgeable counsel on your side. Our attorneys at The Ramos Law Group, PLLC have extensive experience representing clients in your position, so we’re prepared to assist with your case. Please contact our firm to schedule a consultation with a modifications lawyer in The Woodlands, and read on for an overview of the process.

 

Summary of Post-Divorce Modification Laws in Texas: As a practical matter, divorce laws generally don’t favor modifications because they tend to rehash issues that were already settled. The statute will only allow parties to make changes if there is a substantial change in circumstances for one of the parties or a child. Our attorneys at The Ramos Law Group, PLLC will advise you, but you should note a few considerations to note regarding modifications in Texas divorce cases:

  • The lifestyle change must have occurred since the time that the divorce decree was entered. Otherwise, your remedy would be through an appeal of the divorce court’s finding.
  • One party, as petitioner, can seek modification by filing a petition with the court and forwarding according to Texas laws regarding service. The other party, as a respondent, has 20 days to file a written answer.
  • The court will set a hearing on the modification petition, in which both sides will present arguments, evidence, and testimony on their respective positions.
  • If the petitioner demonstrates a material and substantial change in circumstances, the court may grant the modification.
  • You can seek modification regarding child custody, child support, or spousal maintenance, i.e., alimony.

Modifications to a Spousal Maintenance Order: If the Texas divorce court granted post-divorce maintenance to one of the parties, it’s possible for both the recipient and the payor to make changes to the arrangement. When you’re the one paying spousal maintenance, one of the most common reasons for seeking a modification is when your ex remarries or cohabitates with another adult in an intimate partnership. However, courts will also review the same factors that led to the original decision to award spousal support. When the substantial change in circumstances directly impacts these factors, it’s more likely that the judge will allow a modification.

Modifying a Child Support Order: The same standard applies when seeking to modify child support, so you’ll still need to show a material and substantial change since the order was entered. The recipient parent may want to file a modification petition when the other parent’s salary has increased, justifying a higher amount. Another scenario is when the child’s needs have undergone considerable change.

There is another legal ground to seek modification without a showing of substantial change, and it’s based upon economic conditions rather than your own circumstances. You can file a petition for modification if:

  • It has been three years or more since the child support was issued; AND,
  • The monthly amount differs by 20 percent or $100 from the child support guidelines established by law.

Other Modifications Regarding Children: Child custody and visitation can also be modified in the event of a substantial change. One of the most common reasons is relocation by the residential parent, termed the “managing conservator” in Texas. The possessory conservator has visitation rights regarding the child, so moving the child could have a serious impact on the ability to exercise them. Still, a petition to modify can be based upon a change in jobs, work schedules, the child’s school, and other grounds.

 

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Discuss Your Situation With A Modifications Attorney In The Woodlands

Whether your own circumstances have changed or your ex-spouse is seeking divorce modification, you’re in a better position to obtain a favorable outcome when you work with a skilled lawyer. To learn more about how we can assist with the process, please contact The Ramos Law Group, PLLC. We can set up a consultation to review your situation and determine how to move forward.

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The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.

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