We Make You Understand Your Rights and That They Are Respected and We Help You with the Divorce Settlement Agreement at the Abogado Aly Law Office
The rules that determine how spouses should handle themselves after separation or divorce are established in the regulatory agreement. It is a document in which the parties agree, preferably by mutual agreement. In this way, the rules are set under which they will participate in the matters that involve them both. For example, the custody of the children they have in common, as well as their respective maintenance. This type of agreement is not final in the strict sense of the word. Under certain circumstances, the regulatory agreement may be modified, but with the help of a divorce lawyer in Houston. This is because the causes that make this modification necessary must be demonstrated since they affect the quality of life of the parents and the child.
Under what circumstances can a court order an amendment?
As we mentioned earlier, the court in charge can order that the regulation agreement be modified under certain conditions.
1. For more than 6 months the children have lived in another county
One of the parties has the right to ask the court that issued the divorce and its regulatory agreement to transfer the administration and enforcement of the custody to a new county.
Now, as long as the father in charge and the children have lived there for more than 6 months.
To adequately support the case and the necessary information, it is advisable to have the knowledge of a divorce lawyer.
2. There was a significant change in the parents’ financial situation
This section applies to both positive and negative changes. It does not matter if the father stays with the children or not. If the economic situation of one of the parties improves markedly, the divorce attorney representing the other parent may request the competent court to review and increase the child support quota assigned to the children.
Similarly, one of the parents may request to modify the agreement related to child support if:
– At least 3 years have passed since the divorce was decreed.
– The maintenance fee must be increased by $ 100 dollars.
However, if the income of the father in charge of paying maintenance has decreased due to circumstances related to disability, dismissal or any other reason considered valid, the latter may request the court to verify the regulatory agreement.
Motions to Modify the Divorce Decree
Modification of the divorce decree is the best way to make certain changes in the agreement and it is also less expensive than to appeal the court decision. Each state has its own rules and regulations regarding the modification process. A motion to modify the divorce decree or agreement is filled to request any change in the agreement. It is usually filed in the same court where the divorce was granted. It is necessary to properly demonstrate the changed circumstances that led to filing the motion for instance change of job or loss in business can be a reason to modify child or spousal support. It is difficult to modify child support, but it can be done. Courts generally believe that the original agreement for child custody was correct and are hesitant to make any changes to the original agreement. However, if the court finds that it is in the best interest of the child, then the necessary changes can be made.
After completing the petition for modification, it is filed with the court and, then, served to your spouse. A hearing date is scheduled by the court where you will present your argument. If both, you and your spouse, reach an agreement that certain changes or modification is necessary, then you can attach the agreement with your petition and court will make the necessary modification.