Post-Divorce Modifications And Enforcements
Whether a divorce is high conflict or relatively friendly, the decree issued when the process is final may not signal the end of your need for a family law attorney. Both parents are expected to abide by the agreement and not stray from the conditions laid out within it. But post-divorce modifications and enforcements allow the agreements between the ex-spouses to change lawfully and protect any children involved.
At the Eggleston Law Firm, PC, we act as compassionate and knowledgeable guides to the post-divorce modification and enforcement process. Whether you need to file a modification or are facing a request for a modification, we can represent your best interests.
Reasons Modifications May Become Necessary
The most common reasons that post-divorce modifications become necessary relate to income or financial needs and changes in child custody circumstances.
Some modifications associated with income include:
- The noncustodial parent loses their job or is forced to take a lower paying job. They may request a lower child support payment.
- The noncustodial parent experiences a spike income or obtains a significantly better-paying job. In this case, the custodial parent may request a higher support payment.
- The child being assisted by the child support has an increase or decrease in medical or other special needs. The noncustodial parent could see their support payments rise or fall, respectively.
A noncustodial parent may apply to modify custody arrangements if they feel the other parent is not acting in the best interests of the child. Situations that may warrant a custody modification include:
- Drug and alcohol abuse in the home
- Domestic violence
- Gross neglect or supervision
Also, a change in custody orders may be needed to be discussed if one parent plans to move out of state and intends to take the children with them, even if they have primary custody.
How Do I Get A Divorce Order Enforced?
If your ex-spouse has not complied with the original terms of your divorce, you have the right to go back to court and have the terms enforced. Reasons for seeking an enforcement can include your ex-spouse:
- Not following the official custody schedule
- Failure to pay or getting behind on child or spousal support payments
- Refusing to turn over marital property as outlined in a property division settlement
Our firm’s lawyers can help you petition the court for the enforcement of a divorce order. If the enforcement concerns child support payments, the judge can issue a contempt of court order and have the noncustodial parent jailed until the back payments are caught up. If you find yourself behind on child support payments, we can help you negotiate a new payment plan and avoid further consequences.
When Life Changes, Adjust Your Divorce Agreement Along With It
Our firm understands that your circumstances can change drastically after a divorce. We can help you modify your divorce orders to suit what you need now. To discuss modifications and enforcements in a free introductory consultation, call 512-590-3585 or email us to schedule an appointment. We serve clients in Austin and Central Texas from our offices in Bee Cave, TX.