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 Sometimes, they change to the point that the original agreements are no longer applicable.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.
Do I Need a Modification Lawyer to Represent Me?
When your circumstances have changed from the time your initial divorce decree was entered, you will want to act quickly to make sure that any proposed modification can take effect in a timely fashion. A lawyer is your best bet to ensure your modifications are approved as quickly and smoothly as possible. In addition to being well-versed in the law surrounding modification, an experienced attorney understands the inner workings of the court system and can help you navigate this complex process.
You may be tempted to think that you can handle the modification process on your own. However, to make your best case, a knowledgeable attorney will be able to take all of the facts in your matter and present them in the most compelling way. Hiring an attorney will give you peace of mind that the best arguments and strongest advocacy are being used in your case to help you achieve your desired outcome.
Why Choose Higdon, Hardy & Zuflacht, L.L.P. to Handle My Case?
When you are considering a modification of your divorce decree, hiring a lawyer may seem like a daunting task. At Higdon, Hardy & Zuflacht, L.L.P., we seek to make the process of retaining and interacting with an attorney as seamless as possible. We are here to help you with your modification issues and we are devoted to compassionately seeking the best outcome possible for you. We will keep you up to date along the way so that you do not have to wonder what will happen next.
Name partner Charles E. Hardy has devoted his career to family law and divorce practice. He has been named a Super Lawyer and to the Best of Family Lawyers list repeatedly. Mr. Hardy and Partner Harold C. Zuflacht have taught numerous seminars on family law topics. Additionally, Mr. Zuflacht has been broadly published in industry publications based on his in-depth knowledge of family law issues. Together, the team at Higdon, Hardy & Zuflacht, L.L.P. is known for top quality representation in these difficult cases.
We are pleased to offer an initial consultation by phone or on our website. If you contact us, we can assess your case and provide you with the best course of action to pursue to achieve your goals.
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:
There are some common reasons why modification of one of the above areas may make sense. They include the following:
- Moving or relocation: A need for modification could arise if, for example, you want to be able to move away or you want to prevent a former spouse from relocating and removing your children from the area. In either circumstance, we will act to protect your rights to the extent possible. This may involve altering visitation or custody agreements.
- Job Changes: If you or your ex are promoted, demoted, or otherwise have a significant change in salary, this may necessitate modifications to child support or alimony agreements. Other changes, such as working different hours or taking a job with different demands, such as frequent travel, may necessitate a modification to child custody or visitation. Whatever the case, if your circumstances make your current arrangement no longer workable, we can assist you in obtaining a new arrangement.
- Job Loss: The loss of income can make it necessary to alter your current support obligations.
- Child’s Needs Have Changed: For example, your child may have medical needs that require a different arrangement than what was first agreed upon.
The standards for modifying a divorce decree require something significant to have changed. For instance, if you are responsible for paying spousal support, and you can prove that your ex-spouse is now cohabitating with another adult and they are having a sexual relationship, you may be able to stop paying spousal support. In issues involving custody and child support, the best interests of the child are the most important consideration.
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.
Can I modify a spousal support agreement?
Yes. In Texas, alimony is referred to as spousal maintenance. Depending on the length of your marriage or on factors such as domestic violence occurring within the marriage or a spouse suffering a disability, spousal maintenance may be ordered. If you are able to show a significant change in circumstances, you may be entitled to a modification in spousal maintenance. This could involve a reduced payment or removing the requirement to pay. For example, if your ex-spouse is no longer disabled or no longer caring for a disabled child, then spousal support payments may be modified.
Whether you fall into one of the scenarios presented above or these frequently asked questions do not address your specific concern, contact us right away to understand how to proceed in your particular situation.
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.