Post-Divorce Modification Attorney in Flower Mound
Modify a Court Order with Help from Phillip M. Herr, Attorney at Law
Following the dissolution of a marriage, life can be unpredictable. Given time, the agreed-upon terms for visitation, possession, and spousal maintenance in a divorce that were once in your family’s best interest may no longer be the optimal path forward. In Texas, the legal system recognizes that situations change – that is why a court may allow former spouses to modify existing agreements so long as it is not a modification to the division of property. However, the modification process has strict requirements for eligibility and a drastic change in circumstances must be demonstrated for a court to consider a request.
While Texas law does not permit the modification of the division of property, there are at least four areas that can be modified: (i) child custody; (ii) child support; (iii) spousal maintenance; or (iv) visitations. If you need to change an existing order for one or more of these areas, Phillip M. Herr can provide the straightforward advice you need to achieve your goals. Our Flower Mound post-divorce modification attorney has substantial experience with the modification process and understands the legal challenges that may lie ahead.
Requirements for a Modification
Agreements that may be modified include:
In order for a post-divorce modification to be granted, the requesting party must show that a substantial change in circumstances has occurred – preference alone is typically not enough. Furthermore, the change must directly affect the previously agreed-upon terms.
A court may grant a modification if:
- One party needs to relocate
- One party’s employment status changes
- There is evidence of neglect or child abuse
- The child’s needs change
For example, in the case of a child support agreement, if the non-custodial parent is fired, he or she may request a reduction in monthly financial obligation citing a lack of income.
A post-divorce motion can also be effective if your spouse is not upholding their end of an existing agreement. Courts may not oversee the terms of divorce agreement, and if a breach occurs, it is up to the affected spouse to take legal action. Our divorce attorneys can consult with you regarding the decision to go to court in order to enforce an agreement.
Work with the Law Office of Phillip M. Herr, PLLC
Success in the modifications process can be complex and if you are unable to accurately or effectively communicate your stance, your motion may be denied. Mr. Herr can work with you at every step to ensure that your voice is heard in the courtroom. Whether you need to change the terms of a financial arrangement or child custody agreement, we are here to put more than a decade of experience to work for you.