Why Do I Need a Lawyer to Modify Family Law Court Orders?
When divorces and other family law matters are finalized, agreements become court orders. Court orders related to child custody, child support, visitation, spousal maintenance, and property division are legally binding and enforceable. Both parties are expected to follow those orders. As time passes, your existing court orders may no longer accurately reflect your situation.
If circumstances change or the other party fails to follow these orders, it may be tempting to make informal agreements to modify them. However, informal arrangements can lead to confusion, conflict, and future legal problems. Your interests are best served by letting our knowledgeable Houston, TX post-judgment modification attorneys help you go through the proper legal channels.
Why Are Informal Agreements to Modify Family Law Court Orders Not Advisable?
Even if both parties mean well, informal agreements can cause problems. Working with a lawyer ensures that changes are legal, documented, enforceable, and in your best interests.
An Informal Agreement Does Not Change Your Legal Obligations
Parents or ex-spouses may agree to make changes without going to court. For example, one parent may agree to accept lower child support or spousal maintenance payments for a while, or both may agree to change the parenting schedule. However, a judge must approve any modification before it becomes enforceable. Until that happens, the original order stays in effect.
If one of you later changes your mind or claims the agreement never happened, the other party could be found in violation of the court order. That could lead to serious consequences.
With Informal Agreements, Changes Are Not Legally Binding
Your ex may not agree to your proposed modification. That does not mean the court will not approve it if your circumstances have changed substantially. Acceptable reasons to request a modification include parental relocation, changes in employment, and a debilitating illness or injury. If the court approves your modification request, the new arrangements become enforceable court orders.
An Informal Agreement Might Not Serve Your or Your Children’s Best Interests
The terms of an informal agreement may seem fair at first, but they can lead to unfair or unbalanced outcomes over time. You might agree to changes in parenting time, child or spousal support, or other responsibilities without fully understanding the long-term impact. For example, you could end up with less time with your child or receive less support than you need. With informal agreements, no one checks whether the terms are reasonable or in your best interests.
What If My Ex Is Not Following Our Court Orders?
You can request the court’s assistance in enforcing various family law court orders. You will need to show proof of violations, such as:
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Missed child or spousal support payments
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Repeated deviations from your parenting plan
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Your ex refusing to return your children to you as scheduled
Possible consequences for the party that is not upholding court-ordered obligations include wage garnishment, suspension of driver’s or professional licenses, fines, jail time, and an order to pay the other party’s attorney’s fees.
If you find that your ex hid information or assets during your divorce proceedings that would have affected your property division, you may be able to address that situation as well. Contact our office so we can explain your legal options.
Consult Our Skilled Harris County, TX Post-Judgment Modification Lawyers
Changes are part of life. If you have experienced significant changes and need to request a modification of your court orders, our dedicated Houston, TX family law attorneys are ready to assist. Contact The Cusic Law Firm, P.C. online or at 713-650-1866 to schedule your free case review today.