Family Focused. Solution Oriented.

Resolving family law matters while preserving family relationships.

Changing the Conditions of Your Divorce

by | Feb 28, 2018 | Divorce

Things change in life. The mere fact that there has been a divorce is evidence of that – it’s not a thing you plan for when you get married. Sometimes after a divorce, the circumstances of one of the ex-partners change drastically enough to request a reworking of the divorce decree, particularly regarding child support, child custody, or spousal support arrangements.

Texas law requires that any such change must be in the best interest of minor children involved, and that there have been a material and substantial change in circumstances of the child or parent, or that the custodial parent has given custody away to someone for a period of longer than 6 months, or that child age 12 or older has informed the court formally that they wish to change things.

Material and substantial changes include a significant change of income, a parent wanting to relocate far enough away that visitation may be a hardship, new and severe health issues limiting the ability of a parent to carry out parental responsibilities, and one parent beginning to engage in (or to stop engaging in) behaviors that are unsafe for any dependent children.

When this happens, the parent who has requested a change has one year to file an affidavit which includes a formal request stating how the request is in the child’s best interest and providing proof of this.

If the requesting parent and the other parent can work out an agreement ahead of time, that is less stressful and the paperwork goes through relatively smoothly, without the need for a hearing or trial. Even if both parents verbally come to an agreement about changes, it is a good idea to get changes formally agreed to by the court, in case of future disagreements.

There are risks in requesting a modification. The modification may not be granted, and matters between the requestor and their ex-spouse may become more tense. The modification may not be favorable to the requestor, who could end with a more difficult situation.

However, sometimes matters are in a state where one has to try to make positive changes. It is strongly recommended to contact and work with an attorney who is experienced in Texas Family Law.

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512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
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Family Focused.
Solution Oriented.

Family Focused. Solution Oriented.

Resolving family law matters while preserving family relationships.

Family Focused. Solution Oriented.

Our goal is to help folks resolve their family law issues in a way that protects their interests and preserves their family ties. Most family law cases can be difficult from an emotional and financial perspective. We believe in reducing the emotional and financial stress by offering alternative options to resolving their disputes, such as mediation. We enjoy helping people who are interested in working together to find creative solutions to their circumstances.

We provide a variety of services to clients from all walks of life. We offer both full-scope and limited-scope representation so that you may choose the way you want to allocate your resources. We are open to exploring alternative fee arrangements, in appropriate cases. Contact us to inquire.

Helping You Pursue Alternative Conflict Resolution Methods

Too often clients in family law cases spend substantial sums of money arguing about issues in court and often feel worse at the end of their case than before they started. At The Law Office Of Tim Whitten, P.C., we are sensitive to this reality. This is why we explore alternatives to the traditional litigation approach with each client as we help him or her identify long-term legal interests and goals. After our representation begins, we strive to be available and responsive to each client to ensure that we stay on track with that client’s interests and goals.

Contact the Law Office of Tim Whitten

If you are in need of an experienced family law attorney and you believe that our philosophy may work for you, contact The Law Office Of Tim Whitten, P.C. We are dedicated to helping you and your family move forward peacefully. Call 512-478-1011 to speak with our firm today.

MORE THAN 25 YEARS OF PROFESSIONAL EXPERIENCE

Our primary attorney, Tim Whitten, is certified as a Family Law Specialist by the Texas Board of Legal Specialization. This means that he has experience in multiple case types, demonstrated proficiency, and mastery in some of the technical aspects of family law.

Contact Us Today

For a Confidential Consultation

Contact Us

512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
Map + Directions

Family Focused.
Solution Oriented.