One of the only constants in life is change, and with those changes, there is an ever-increasing likelihood that you may need to alter previously agreed-upon divorce documents and procedures. Perhaps you lost your job, or maybe your spouse is refusing to pay their assigned child support. If you are looking for post-divorce modifications and enforcement in Houston, a modification lawyer can help.

Post-Divorce Modifications and Enforcement in Houston

Getting a divorce can be an incredibly complex and overwhelming process, not to mention a time-consuming one. The idea of having to revisit such an intense process can feel daunting, but seeking post-divorce modifications and enforcement in Houston does not need to be an overwhelming undertaking. When you hire the right modifications lawyer, you can find clarity and develop a strategy to help prevent certain violations of your agreement in the future.

In 2021, Texas had an overall divorce rate of 1.4 per 1,000 people. This makes it one of the three states with the lowest divorce rate in the United States. The overall number of divorces in the United States has also declined from 2012 to 2022.

Over time, previous agreements may no longer apply or suit the circumstances of the divorced couple. In Texas, you can seek to modify a divorce decree after it’s final if there’s a significant change in circumstances, but only for child-related orders and occasionally spousal maintenance. The modification process does not apply to property division issues.

What Is Permitted in Post-Divorce Modifications?

While property division and debt distribution are not included, issues surrounding child and spousal support, as well as child custody, are the focus in post-divorce modification cases. Here are some examples of why this may be the case for you:

  • Child support needs: Sometimes, career paths change. You may lose your job, receive a promotion, or a shift in the economy may affect your financial situation. These are the kinds of changes that may lead you or your former spouse to consider a post-divorce modification of your previous child support agreement.
  • Child custodial rights: If a parent is moving away or is determined to be a less-than-suitable guardian for their child, the other parent may pursue the modification of custodial rights. This could be triggered by examples of neglect or abuse, as well as lifestyle instability and relocation needs of a parent. Work schedules may also change, therefore influencing the pre-established parenting schedule.
  • Spousal support needs: As time goes on, certain aspects of a previously agreed-upon spousal support plan may no longer properly suit a divorced couple’s situation. If one spouse no longer needs additional funds or the other is unable to consistently provide them, it is likely that prior agreements may need to be evaluated and adjusted accordingly.

Post-Divorce Enforcement

Even parents and former spouses with the greatest of intentions may find themselves failing to keep up with the court mandates that they had previously agreed upon. Still, this is considered a violation of the law, and the other spouse is within their right to pursue enforcement.

Simply put, an enforcement action is filed when one party fails to comply with a court order from the final divorce decree. This action can compel a spouse to follow their pre-established obligations, such as paying child support, spousal support, or adhering to a parenting schedule.

If an enforcement order is too vague to be enforced, such as a visitation schedule with terms left to future agreement, a motion to modify may prove to be necessary to add specificity before any enforcement action can be carried out.

Hire a Modifications Lawyer

There are many reasons a person may choose to hire a modification lawyer, the chief among them being the pursuit of effective change. If you feel that previous agreements are no longer working, either due to a change in circumstances or a lack of follow-through on the part of your former spouse, a modification lawyer can help you develop a strategy, as well as carry out the necessary steps to accomplish your desired outcomes.

With the help of your lawyer, you can file the correct motion. A motion to modify is essentially asking for changes to be made to an existing order, while a motion to enforce asks the court to help them hold their former spouse accountable, ensuring they are following through with a valid court order. This specific legal action requires you to determine what you are looking to get from a modification/enforcement order, which may be easier to do with the guidance of a lawyer.

If your case requires the outside involvement of the Texas court system, you will most likely end up delivering your case at the Harris County Family Law Center. Your modification lawyer can help you develop a strategy, determine your desired outcomes, and deliver your case before a court of law.

Why Choose the Stange Law Firm?

The Stange Law Firm has access to a broad array of modification resources, but our legal team believes in taking these assets and allocating them in a personalized format. We want to walk alongside you as you pursue your desired outcomes, utilizing our wealth of knowledge to empower you and your goals.

FAQs

How Much Does It Cost to Hire a Modifications Lawyer in Texas?

The final cost of hiring a modification lawyer tends to depend on the amount of time your case needs to be resolved, as well as the level of complexity it presents. Who you hire to represent you can also influence the final price you end up with after your case is complete.

Can I Represent Myself in My Divorce Modifications Case in Texas?

It is legal for you to represent yourself in a post-divorce modification case in Texas, but many individuals have found that hiring a skilled Houston lawyer can improve the likelihood of success in a case, as well as reduce the level of unnecessary confusion you may face during your case.

How Long Will My Post-Divorce Modifications Case Take to Resolve in Texas?

Each case is unique, and the overall timeline for a post-divorce modification claim tends to vary based on a variety of factors. These variables include the schedule of the local courthouse, the time it may take to go through the proper channels, and any additional time required to sort through the presented cases.

Can I Modify My Divorce Decree in Texas?

Depending on the modifications you are hoping to make to your current divorce decree in Texas, it may be possible for you to pursue these changes. While property division and debt distribution are not viable options, child support requirements, custodial plans, and spousal support agreements can all be modified if requested.

Get Representation Today

Divorce is a complicated and overwhelming process. Contact the Stange Law Firm today to schedule a consultation. Our team has the knowledge and experience you deserve when you need it the most.