Georgetown, Texas Divorce Modification Attorney Collaborates with You to Overcome Problems in Your Divorce Decree
Securing post-decree modifications
My staff and I at Kevin Henderson Attorney at Law are experienced in all issues related to family law and serve Georgetown and all of Williamson County, including Round Rock, Austin, Temple, Ft Hood and Bastrop. During my eight years as a county judge, I helped write some of the local legal rules, so I am intimately familiar with the local court system. I try my best to avoid a courtroom trial when possible, but I am not afraid to litigate your case aggressively if needed.
What is a post-decree modification?
The only lawful and enforceable way to change the terms of a divorce decree is through a court-approved, post-decree modification. Too often, ex-spouses mistakenly believe if they verbally agree to a change in conservatorship or child support they can’t be held responsible for failing to follow the court’s order.
The fact is any deviation from a divorce decree that is not court approved is not enforceable and may give right to an action for contempt. If a custodial parent agrees to let a non-custodial parent pay reduced or no child support, or a non-custodial parent takes primary custody of a child, parents could find themselves facing jail time or other penalties.
Families change, as do family situations. Some reasons you may need to seek post-decree modifications include:
- Parental relocation
- Change in parents’ incomes
- Change in child support needs
- Change of the primary caregiver to the non-custodial parent
- Change of the decision-making authority, or going from a joint management conservatorship to a sole management conservatorship, or vice versa
- Spousal maintenance and alimony
- Child visitation issues
If it’s time to change the terms of your final decree, you must submit your petition to modify in writing for court approval, even in military divorce modifications.
What are the threshold requirements for a modification in Texas?
The threshold requirement for changing the terms of a final decree is showing a material change in circumstances. It is not uncommon for changes in a parent’s circumstances, such as a job loss or illness, to necessitate a change in primary custody or to cause someone to be unable to pay child support or spousal support.
If your material situation has changed since your divorce, you should gather relevant evidence such as medical records, financial information and employment history to convince the court to modify the divorce decree. Contact a qualified divorce attorney to discuss your situation. I can help you determine whether a court is likely to agree that the changes are material and that a modification is necessary.
Contact a Georgetown, TX family law attorney for a free consultation
My staff and I at Kevin Henderson Attorney at Law have handled hundreds of family law cases over the years. I offer consultations to discuss your case. Call me at 512-887-1996 or contact my office online to schedule an appointment.