When Is a Divorce Decree Modification Needed?
Once a divorce is finalized, you usually expect that to be the end of the legal proceedings. But when an issue arises after the fact, you may have to revisit the court order and make some necessary changes. A Fort Worth, TX family law attorney can help you petition for a modification based on your changed circumstances.
At The Law Office of J. Kevin Clark P.C., we are very familiar with the process that goes into modifying divorce decrees. Attorney J. Kevin Clark has helped clients in difficult, highly contested family law cases, drawing on his extensive experience to reach practical solutions. As a respected member of the Tarrant County Family Law Bar, you can trust him to handle your petition with the diligence it deserves.
Three Reasons to Modify a Divorce Decree in Texas
A divorce decree will likely come with terms for property division, spousal support, child custody, child support, and other relevant issues at the end of your marriage. If you wish to modify the terms of the decree, you may have to show the court how your situation has changed.
Your Child’s Needs Have Changed
A child’s needs will inevitably change over time. Sometimes, a child may develop a medical condition that requires extra funds to treat and address. If you are receiving child support, you can request an increase in payments to accommodate your child’s new needs.
To modify a court order of child support on these grounds, you should come prepared with proof of a substantial change in circumstances (Texas Family Code Sec. 156.401). In a petition for a modification, you might provide evidence of a diagnosis as well as financial statements showing how much the required treatment costs.
You Have Lost Your Job
If you are responsible for paying child support or spousal support to your ex, the loss of your job can come as a major blow. Faced with unexpected financial hardship, you can request a decrease in your obligations.
The court generally recognizes the need for a modification when the petitioner has been let go due to circumstances beyond his or her control. If the petitioner lost his or her job due to a personal failing, the proposed modification is unlikely to be approved.
Your Ex Is Living With Someone Else
Typically, the intent behind spousal support is to provide the lesser-earning spouse with financial assistance to meet his or her needs. If the spouse receiving support remarries, then the alimony order will be terminated automatically without the need for a petition.
Things can become more complicated if your ex starts cohabitating with a new romantic partner. Cohabitating refers to a situation where two people live together in a relationship similar to a marriage. To terminate spousal support based on cohabitation, you will have to prove that your ex has moved in with a new partner and that the two of them are supporting each other.
Contact a Fort Worth, TX Divorce Decree Modification Lawyer
Altering an established divorce decree can be challenging on your own. At The Law Office of J. Kevin Clark P.C., our Fort Worth, TX family law attorney can help you go through the right channels to petition for a modification, standing up for your rights in court. Call our offices at 817-348-6723 to set up a free consultation.