Divorce Lawyer George E. Thompson Discusses Texas Modification Laws
Whether you are considering divorce or have already been through the process, you may be wondering if certain aspects of the divorce decree are modifiable. In many situations, issues like spousal support, child support, custody and visitation are subject to modification. However, you will need to prove certain elements before the court will make a change and working with an experienced divorce attorney, George E. Thompson,
is the best way to properly plead your case for modification.
Modification of Spousal or Child Support
The court will not make a modification of a final divorce decree absent evidence of a significant change of circumstances. In other words, if you are seeking to modify the current spousal or child support order, you will need to show a change in financial circumstances impacting one or both ex-spouses. If you are the payor spouse and you would like your monthly obligation reduced, you should be prepared to show that you are unable to work or are facing extreme financial hardship. Evidence of a disability may be sufficient to reduce your support obligation. However, the court will not reduce a child or spousal support amount merely because money is tight.
Modification of Custody or Visitation
Courts are generally hesitant to modify a custody or visitation order if doing so will likely disrupt balance in the child’s life. However, a modification may be possible with the help of Mr. Thompson and his team who can successfully argue that changing custody and visitation is in the child’s best interests. The court will consider factors including the parents’ wishes, child’s wishes (if age appropriate), child’s adjustment to his home or school, and the mental and physical health of all parties involved.
Modifying visitation is similarly decided using the child’s best interests as a guide – and the court may be willing to make a change if doing so will help the child succeed and thrive. For instance, couples who divorce when a child is very young may have once shared visitation and custody 50/50. However, this arrangement may no longer be possible once the child reaches school age as the child will need to live in one location during the school week.
Divorce Attorney George E. Thompson
If you would like to pursue a modification of your current divorce order, we encourage you to contact a divorce lawyer at the Law Offices of George E. Thompson, P.C. by calling (713) 439-0700.