Skilled Attorney for Post-Divorce Modifications in The Woodlands, TX
Experienced representation for petitioners and respondents
Having gone through the rigors of a divorce, you’re probably not anxious to return to court, especially over trivial disputes. Living with your divorce decree may take some getting used to, so a period of adjustment is normal. However, if you experience a substantial change in circumstances that makes the terms untenable, you have the right to return to court and request a modification. Of course, the changes one party requests may not sit well with the other, who has the right to respond, explaining to the court why a modification would be a bad idea. At the Law Office of Jerry Porter, we continue to serve our clients after their divorce is final. I have successfully represented petitioners seeking modifications and respondents opposing the motion. With the exception of property division, every ancillary issue of your divorce decree is subject modification if the petitioner can make a strong enough case that a change is justified. If you must return to court, make sure you have an experienced post-divorce attorney at your side.
Reasons for seeking a post-divorce modification of spousal maintenance
The major areas where parties seek post-divorce modifications are child custody, child support and spousal maintenance. Common reasons that an obligor spouse would petition to pay less or to terminate maintenance include:
- The obligor’s loss of employment or downturn in business.
- The recipient’s marriage or cohabitation with a person who providing financial support.
- The recipient having become financially self-sufficient.
The court requires a full financial disclosure to make sure the obligor isn’t hiding income or deliberately working for less pay to avoid maintenance obligations.
Post-divorce modifications that affect your children
Any experienced child custody attorney will tell you that parents can expect to adjust their parenting plan many times as their children grow and their needs change. But, outside the normal course of events, there are issues that may prompt one or both parents to request a modification of child support or custody, such as:
- Either parent’s serious illness
- Increased expenses for a child’s special needs
- Change in a custodial parent’s work schedule
- Evidence that a custodial parent has become unfit
- A parent’s desire to relocate
Parents who cooperate well may find it easy to adjust the scheduling of custody. However, they should never agree to an informal reduction in support payments without quickly getting a modification to the existing order. If a dispute were to arise down the line, the recipient parent could go into court and ask for back support and the court would uphold the existing court order. It would be no defense for the obligor spouse to bring up an oral agreement at that point.
Contact a knowledgeable family lawyer in The Woodlands for post-divorce modifications
If you or your ex-spouse wants to modify your divorce decree, it’s important to have an experienced post-divorce attorney representing your interests. In more than 30 years of practice, I have helped divorced clients in The Woodlands, Montgomery County and throughout the greater Houston area obtain or prevent changes to an existing order. To schedule a consultation, call 281.296.3131 contact the Law Office of Jerry Porter online.