Family Law Modifications Attorney in Spring, Texas

Anytime you make a major change in life, such as going through a divorce that requires establishing child custody or support, or one party paying alimony to the other, you’ll need to make some very big decisions with your ex. And while these choices may work well for you at the time you decide upon them, it’s likely that down the line, you’ll want to make revisions to coincide with your family’s changing needs. 

If you need to request a post-decree modification from the court, consider working with a skilled family law attorney who can advise you on your options and ensure you fully understand the implications of the change. If you’re in the Spring, Texas, area, contact the Robin Scott Law Firm, PLLC to schedule a consultation. Attorney Robin Scott proudly serves clients throughout Harris County, Montgomery County, and Fort Bend County. 

What Is a Post-Decree Modification?  

When you want to make modifications to the divorce decree you and your ex-spouse agreed to, you’ll have to request a post-decree modification. When a judge signs off on your divorce paperwork, this is known as a “decree;” therefore, when you formally request a change to this decision after it’s been approved by the courts, it’s referred to as a “post-decree modification.” This change can affect different aspects of your decree such as child custody and child support or spousal support (also known as alimony), and a change in one section doesn’t necessarily affect another. Whatever your reasons to request a modification to child support, custody, or alimony may be, they must be approved by the court, and in most cases, you’ll want to work with a lawyer first before submitting your petition. 

If both parties can agree on the changes, then a judge will typically approve them as long as they seem reasonably fair to everyone and cater to the best interests of any children involved. However, if the two parties cannot agree, then one party may have to request a contempt action to see if a change can be made against the wishes of the other. To be in contempt of a family law order means that one or both parents aren’t complying with a component of the decree. For instance, if one partner was ordered to pay child support to the other but is frequently late or short on their payments. Or, if a parenting plan was established, but one parent consistently misses their set hours with the child, creating an unstable living environment.  

Child Custody/Support Modifications 

One of the most common reasons a change is requested is to modify a child support or child custody agreement. In general, state law dictates that you must show a “material and substantial change in circumstances” for a judge to approve your request. This could mean that the non-custodial parent’s income has dropped or risen substantially; the non-custodial parent now has more children to support; the child’s medical needs or insurance coverage or has changed; or the custody agreement itself has changed (i.e. the child is now living primarily with the other parent). 

If one of these changes hasn’t occurred in the family, then a judge will usually only consider a request if it’s been at least three years since the last modification, or if the new support amount would be at least a 20% change (or $100 difference) from the current amount. Above all else, a judge will always consider the best interest of the child when deciding whether to approve or deny a modification request.  

Spousal Support Modifications 

Another common request comes from modifications to spousal support, or alimony. Spousal support payments are almost always temporary, unlike child support, and are designed to help the lower-earning spouse for a set period of time. Because of the provisional nature of spousal support, it can often be harder to be granted changes to them. Many times, there will even be provisions in the initial alimony agreement outlining how and under what circumstances it can be changed, and if you don’t meet these predetermined terms, your request likely won’t be approved. 

However, there still are a few valid instances where a change request is reasonable. For example, if both spouses agree to the change; if one or both spouse’s income changes substantially; or one spouse becomes disabled and is no longer able to earn the same income.  

Family Law Modifications Attorney in Spring, Texas  

Big changes like this are always difficult to navigate, but they can be made a bit easier by calling the Robin Scott Law Firm, PLLC in Spring, Texas, for help. Robin Scott has committed her practice to truly listening to her clients and working to come up with an answer that works for all parties who are affected. She also strives to achieve the most cost-effective and stress-free solutions whenever possible. Contact her today to learn more about your options.