San Antonio Modifications Attorneys
When going through a divorce, the two parties involved must agree upon all the issues that come along with divorce, which can include alimony, division of properties and assets, and child support and custody. These agreements are drafted into a final divorce decree to be legally approved and enforced by a judge. Often, after divorce agreements are settled, and the final divorce decree has been acknowledged in the lives of both parties, circumstances change. Sometimes, they change to the point that the original agreements are no longer applicable. When this is the case, modifications need to be made.
You can pursue a modification by petitioning the court where the original divorce proceedings took place. It is possible that the court will not permit modification requests, but having a knowledgeable San Antonio modification attorney on your side can help in getting satisfactory results. At the Higdon, Hardy & Zuflacht, L.L.P., our attorneys have experience working a variety of modification cases and are familiar with what it takes to get a modification approved. We realize that you are already facing difficulties from the heavy toll of divorce, and we want to help you make the modifications you need to start living a happy life once again.
Factors such as change in career, location, schedules, or income can lead to a need for modifications. These changes can affect a variety of areas within a divorce agreement. The four primary areas where a divorce order can be changed are:
- Child custody
- Child support
- Spousal maintenance
If your former partner’s new job takes them 200 miles away and raises their yearly income by a significant margin, this could greatly affect custody and visitation rights, as well as your rights to child and spousal support. This is an example of when you may need a modification. At the Higdon, Hardy & Zuflacht, L.L.P., we will be able to tell you the feasibility of your modifications being granted. If you do have a feasible case, we can guide you through the initial request and represent you through the whole decree modification process.
Frequently Asked Questions
The attorneys at Higdon, Hardy & Zuflacht, L.L.P. are ready to help you if you are considering modifying an existing child custody agreement. We have the experience that you need on your side to ensure that the agreement is modified for your benefit and the benefit of your children. Don’t hesitate to contact us at (210) 349-9933 for help. We have included a few frequently asked questions and their answers below for you to review.
When will a court modify the child custody agreement?
The court’s primary concern is the best interest of your child. If modification of the custody agreement would help this interest, and if other circumstances are present, a court may modify a custody agreement. A court will look to see if your child is of a certain age and if they have verbally expressed a preference on where they would like to reside to the court. Additionally, if the party with primary custody over the child has given care of the child to another party for a certain amount of time, a court may modify the custody agreement. Lastly, a court may modify an agreement if the circumstances surrounding you, your child, or any other party affected by the custody agreement have substantially changed since the divorce settlement was reached.
What substantial changes will a court consider when deciding on a custody modification?
The court will consider a wide variety of situations when determining if a modification is appropriate. The court may look at whether either party has remarried since reaching the divorce agreement. Courts will also look at the age of the child, whether either party has relocated, any changes in the home surroundings, any mistreatment of a child by a step-parent, and other reasons that render a parent an improper party to maintain custody. The courts will consider a very wide range of circumstances, so it is important that you contact the experienced modifications attorneys at Higdon, Hardy & Zuflacht, L.L.P. so we can effectively analyze your case and help you get your custody modification.
Can I modify the child support agreement in my original divorce settlement?
Yes. Like custody modifications, a court will look to see if there have been substantial changes since the settlement agreement when deciding on a child support modification. A court may also grant child support modification if a certain amount of time has passed since the agreement was made, and if the amount awarded is inconsistent with child support guidelines. At Higdon, Hardy & Zuflacht, L.L.P., we are familiar with these guidelines. Please contact us today so that we can help you get the child support modification you deserve.
Contact a San Antonio Divorce Lawyer
If you are in need of a modification for your divorce agreements, contact a San Antonio divorce lawyer with Higdon, Hardy & Zuflacht, L.L.P.. We are dedicated to helping our clients find resolutions so that they can get back to living their lives. Because the legal sanctions that go along with divorce are often complicated, the process of modification can often be confusing and stressful. We know that during the time following a divorce, you do not need any more stress on your plate. We want to help make the process as smooth and easy as possible for our clients. To learn more about our team and discuss your case, contact our San Antonio office at (210) 349-9933.