Modification and Enforcement
Once the court has granted a divorce or entered an Order establishing visitation and child support, that is often not the end of issues for the couple. Often times the amount of child support or spousal support needs to be changed as circumstances change. Or there may be issues enforcing the divorce decree or child support/visitation order. In those cases, the attorneys at Eddington Worley are here to help you, whether we were a part of the original proceeding or not.
Can or Should I Seek a Modification?
Circumstances change, therefore, from time to time, it could be beneficial to change the terms of your orders for child support, visitation, or any other ongoing payments between spouses. An example would be when there is a significant change in income by the party paying child support. However, there are limits set by the state for how frequently a modification can be requested so consideration should be given to the time frame as well as the cost of altering any support arrangement. There are also limits on what can be considered. For example, if the party paying child support marries someone with a high income, the new spouse's income CANNOT be considered as a basis for modifying child support.
Legislative Changes to GuidelinesIn Texas, the legislature meets every two years to enact new laws. From time to time they revisit child support and spousal support guidelines. However, it is important to understand that new guidelines are almost always only applicable to divorce cases that take place after the guidelines are changed. If you are receiving a maximum amount of child support under the guidelines that were in effect at the time of your divorce or SAPCR and the state raises the maximum cap later on, there is very little chance of that raise applying to your case, absent any other extenuating circumstance.
Changes to CustodySometimes a change in circumstances for one or both parents can necessitate a change in the custody order. Examples would be if a parent goes to prison or is deployed overseas by the military or if a parent must move for their job. Once a divorce is granted or a SAPCR Order is entered, moving children from one locale to another becomes much more difficult and will most likely involve the court. Even in mutually agreed situations, it is wise to officially modify the decree or order so that a parent may not change their mind later on and refuse to abide by the terms of the 'unofficial agreement'. At Eddington Worley we can work with you to ensure your ability to spend time with your children is not changed by the changing circumstances of your ex-partner.
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