Post-Divorce Issues Lawyer
Most people would like to think that once a divorce is finalized in court, that final appearance represents the definitive end to having to deal with that marriage. In truth, circumstances are always subject to change and certain types of changes can lead to people needing to update certain court orders relating to the divorce.
When a person needs to change some aspect of their divorce decree, they will need to file for some kind of modification to their final order. Modifications relating to divorce typically focus on one of three areas: Child support, spousal maintenance (alimony), or child custody.
In most cases, the spouse seeking the modification will present evidence to the court of some kind of material change in circumstances that affects the previous agreement. Some of the most common factors include job loss, pay raise, relocation, or remarriage.
Modifying a divorce decree can be a confusing and challenging process. Fortunately, you do not have to try and figure out all the rules and requirements on your own.
Gregory Law PLLC represents clients in numerous communities in and around Harris County. You can have our post-divorce issues lawyers provide an honest and thorough evaluation of your case when you call (713) 861-1293 to set up an initial consultation.
Why Do I Need a Lawyer to Handle Post-Divorce Issues?
The most common reason for divorce modifications generally relates to some change in the income of one spouse. In such cases, a spouse will seek to have child support or alimony awards adjusted.
If a spouse loses a job or is forced to accept a lower-paying job, they may file for a modification seeking a reduction in child support or alimony payments. Similarly, a spouse who receives a raise could face a possible modification seeking an increase in child support or alimony payments.
By working with an attorney, you can have qualified legal representation on your side capable of explaining to the court how a material and substantial change in circumstances merit modification of your divorce decree. Courts will not approve modification requests that do not satisfy this requirement.
Many of these types of situations arise suddenly, and some spouses panic and try to work out separate agreements to resolve newfound changes without going to court. Informal agreements without court approval risk further possible legal action.
Why Choose Us?
The attorneys of Gregory Law PLLC understand that many issues relating to a divorce can continue to cause complications well beyond the supposed final court date. Our firm is dedicated to providing the necessary support for clients throughout their entire divorce process.
Myrna Gregory is a native Houstonian who founded Gregory Law PLLC In addition to helping clients all over Harris County with divorce cases, Ms. Gregory has also served as Special Master in Family District Courts in Harris County Texas and has been requested to serve as mediator by members of the Harris County Bar Association and other nearby legal organizations.
Melissa Bazan is an associate attorney who handles divorce, child support, and paternity cases.
Our firm knows that many people encounter unexpected issues after assuming their divorces were done deals. We can help you calmly navigate court requirements to get you the modification you need.
Post-Divorce Issues Cases We Handle
Our team has extensive experience helping individuals in Houston with a wide variety of post divorce issues. Some of the most common cases we frequently see include:
- Spousal Support Modification – In specific circumstances, alimony orders may be modified, like if one parent loses their job, or if their earnings increase through new employment or promotions, or other circumstances.
- Relocation – When one spouse is preparing to move to another county, state, or even country, the relocation can drastically affect the child custody terms a couple might have agreed to.
- Child Welfare Concerns – In some cases, one parent may become concerned about letting children spend time with the other parent when the other parent has developed a drug addiction, has been arrested for a violent crime, or is simply failing to properly supervise a child.
- Unresolved Property Disputes – If an item of property was overlooked in the initial divorce decree, it may need to be considered in later legal action.
- Estate Changes – How property is distributed in the event of the death of one spouse will likely need to be revisited once the marriage has been dissolved. Wills and trusts may need to be changed to reflect the updated wishes of the spouses.
- Remarriage – When one or both spouses remarry, child support, visitation, and inheritance may all need to be revisited.
In many cases, Gregory Law PLLC can work with spouses to get them to agree to modifications before they are submitted to the court. Uncontested modifications are generally easier to get approval for than those that may be disputed.
It is important to remember that Texas places great emphasis on courts rendering decisions that are in the best interests of children involved in these cases. Nonetheless, what might have been in the best interest of a child when a divorce case was finalized may very well be no longer on that child’s best interests. Again, the burden is on the person filing for modification to prove that a change was material and substantial.
In addition to modification actions relating to your divorce, Gregory Law PLLC can also assist with enforcement actions. For example, a person’s spouse may be failing to pay child support or alimony.
When a noncustodial parent is having difficulty making payments, some custodial parents respond by limiting the time the noncustodial parents get with children. People should avoid taking these kinds of steps as Texas does not allow for any changes to child visitation schedules, even if a spouse owes child support.
Most divorce modifications require proof of a material and substantial change in circumstances, but some actions can have other requirements. For example, a child support order can also be modified when three years have passed since the order was rendered or last modified and the monthly amount of child support differs by either 20 percent or $100 from the original amount.
If you need assistance with any post-divorce issues in Texas, you will want to contact Gregory Law PLLC. Our experienced attorneys can review your case and help you understand all of your legal options when you call (713) 861-1293 to schedule an initial consultation.