When Will a Judge Grant a Post-Judgment Modification in Texas?

 Posted on December 09, 2024 in Divorce

The intention of divorce court is to work out a solution so both spouses can move on and start their separate lives. However, even after the court makes a judgment, there may still be work to be done. In some cases, a spouse may find that an existing arrangement for custody, child support, or alimony cannot be sustained, often due to a change in circumstances. 

A Texas family law attorney can provide you with counsel and assistance, representing your interests throughout the challenges of divorce court. Attorney Daniel Bacalis has almost 40 years of experience practicing family law and has personally handled cases across the state of Texas.

Changes to Spousal Maintenance and Child Support

After a divorce, one spouse may be ordered to pay alimony – called spousal maintenance in Texas – depending on the economic situation between the couple. Alimony is not a guarantee, and a judge’s decision will take factors like the duration of the marriage and each spouse’s respective income into consideration. For example, a stay-at-home spouse is more likely to be awarded spousal maintenance to supplement his or her income while looking for work. 

In divorces involving children, one spouse may be ordered to pay child support to the parent with whom the child spends the most time. If you have been ordered to pay spousal maintenance and/or child support, you may eventually find that the payments put too much of a strain on your finances. However, a judge is unlikely to consider a modification on those grounds alone; instead, the onus is on you to demonstrate a significant change in your circumstances. 

For example, you may have been laid off from your job or suffered a debilitating injury that directly impacts your ability to make a living. A family law attorney can help you make a case for a pause or reduction in maintenance payments in front of a judge, providing proof of your financial situation.

Changes to Child Custody

Divorce courts in Texas make decisions with the child’s interests and welfare in mind. As such, any requested change to a custody arrangement must align with those values, rather than a parent’s personal convenience. A judge may permit a change in a parenting schedule in cases where the custodial parent has plans to move with his or her child, one or both parent’s schedules have significantly changed, the child’s needs have changed, or for another substantial reason. The important thing to note is that small changes generally do not justify approaching the court to modify a custody order. 

Meet with a Tarrant County, TX Family Law Attorney

At Daniel R. Bacalis, P.C., we recognize that your life circumstances are always subject to change. If you have concerns about alimony, child support, or child custody after a judge’s decree, a Hurst, TX family law attorney can advise you on your options and advocate for your rights in court. To schedule a free consultation, call us at 817-498-4105 today.