Long after a divorce is final, an individual may find that they need to revisit the terms of the divorce decree. That's because people's lives do change. One or both parties may have remarried or lost their job. Sometimes, the ex-spouse or one of the children becomes ill with a serious disease and now they need help with medical bills.
In many cases, an ex-spouse may relocate to another state and is no longer able to continue on with the same child visitation schedule. Whatever the reason, it's important to seek experienced legal counsel if you find yourself in this position. Your attorney can help you understand your rights and options and give you valuable advice. Your Houston attorney works alongside you to protect your rights and see that you're treated fairly by the Texas courts.
One of the major items that an individual will seek post-divorce modification for is child support. In order to return to court and ask that the original agreement be modified, you must demonstrate that there has been a significant change in circumstances. For instance, if the non-custodial parent has received a huge raise or changed jobs and now earns considerably more money, then the custodial parent may ask for a post-divorce modification of the child support agreement.
Normally, courts will not entertain this unless there has been a major change in income for the non-custodial parent. On the other hand, if the non-custodial parent loses his or her job or is forced to take a much lower paying job, then this person can also ask for the child support agreement to be modified. Please note that losing your job does not entitle you to stop making child support payments. You must have a court order to do so.
Child custody is another common issue where parents may ask that the original agreement be modified. In order to be successful, however, it's important to show that this request is in the best interests of the child. For example, you may have just learned that your ex-spouse has moved in with a known drug user or convicted felon. The courts would consider this a valid reason to modify the custody agreement but you must have proof. Your evidence cannot simply be hearsay or rumor.
You may suspect that your spouse has a serious alcohol or drug problem. Again, this will require authentic proof that holds up in a court of law. Other commons reasons include a serious physical injury or mental breakdown, a change in residence to another state, a permanent change in your work schedule and others. Texas courts do decide these cases on the best interests of the child and sometimes that issue can be cloudy.
If you find yourself in any of the situations above and feel that it's important to seek a modification of the original divorce decree, then it's important to speak with a qualified Houston Family Law attorney right away. Tom Burton and Burton Law Firm offer confidential consultations where you can learn about your legal rights and discuss your case.
Tom Burton is highly experienced and a distinguished Houston family law attorney with over 10 years of experience. He takes time to listen to the needs of each client and give them personalized representation. The needs of your children and family are too important to trust to a less experienced lawyer. Call today to schedule an appointment.