Post divorce modifications are a way to amend previous terms of dissolution. The majority of these modifications occur in cases involving one or more child because of issues related to things like custody, visitation, support, and spousal maintenance.
The Purpose of Post Divorce Modifications
Such agreements are specifically designed to reassign certain rights and responsibilities of one or both former spouses. This document can be used to change the terms of custody, time of visitation, and child support. These agreements can also be used to address certain financial situations.
Post Divorce Modification Requirements
In the state of Texas, in order to present a post divorce modification to the court, the petitioner(s) must demonstrate that a material and substantial change of circumstances have transpired between the divorce finalization and the pending modification.
Another requirement by the court is any post divorce modification involving one or more child, must be in the best interest of the child or children.
Reasons for Post Divorce Modifications
There are a number of reasons a modification might be necessary. One such reason is a substantial increase or decrease in income of the parent paying child support. Another reason is to address the financial need(s) of the child or children.
Even though changes might be made to the decree of divorce, it does not necessarily constitute a modification.
If you believe there is a valid reason to seek a post divorce modification, the attorneys at the Woodfill Law Firm can discuss your circumstances and determine if there is sufficient justification to file a modification motion with the court.