Post-Judgment Modification Lawyer Arlington TX
When a couple gets a divorce in Texas, the court will enter a final divorce decree. This decree will stipulate how the couple’s assets and debts will be divided, how property will be handled, how parenting time and child custody will be split, how much child support will be paid and by what parent, if either spouse will receive spousal support, and any other issues that they need to be addressed. The terms of the divorce decree are never set in stone. There are instances where some part of the judgment may need to be changed because there has been a change of circumstances. If you have encountered a situation in your divorce decree that you feel needs to be changed, a post-judgment modification lawyer Arlington TX clients trust from Brandy Austin Law Firm PLLC can help.
Modifying a Child Support Order
One of the most common issues that require post-judgment modification is child support. However – just like other aspects of a divorce decree – in order to have a child support order changed, there needs to be a substantial change in circumstances in order for the court to consider any change. This is especially true if it is the paying parent who is looking to lower their monthly child support obligation. The parent must show that they can no longer financially meet the court-ordered amount. Some examples that the court may find valid include:
- – The parent has lost their job: If the parent has gotten laid off or terminated and they no longer have the income they had when the original order was issued.
- – The parent has become disabled or has suffered a long-term illness or injury: If the parent’s physical and/or mental condition has left them unable to work and they are not able to earn the income they had when the original order was issued.
Modifying a Custody/Parenting Time Order
Another court order that can be modified post-judgment is how custody and parenting time should be split. Unless both parents are in agreement with the changes to the original order, then there must be significant reasons for the court to even consider making any kind of changes to custody. This can be even more difficult if it has only been a couple of years since the original order was issued. The courts take the best interest of the child standard extremely seriously and having another upheaval in a child’s life so soon after a divorce can have a strong negative impact on that child’s emotional wellbeing.
When a parent is seeking to take custody or parenting time away from the other parent, then there needs to be strong evidence of inappropriate actions or behavior on the part of that parent. For example, if the custodial parent has developed an addiction to drugs or alcohol since the divorce, the court may deem that enough grounds of having the child go live with the other parent.
Contact Our Legal Team
If you are seeking a change in your original divorce decree, contact Brandy Austin Law Firm PLLC to meet with a skilled Arlington TX post-judgment modification lawyer to find out how we can help. Call our office today for a free and confidential consultation with a divorce lawyer Arlington, TX couples recommend.
