Post-Divorce Modification Attorney in Dallas, TX

Divorce can emotionally drain you, physically exhaust you, and financially tax you—in particularly heated divorces, many spouses just want the process to end so they can move on with life. Unfortunately, the complications don’t stop just because a divorce has been finalized: sometimes, the issues carry on after. 

For example, what if your ex-spouse refuses to comply with the divorce decree? Or what if new information comes to light that would have significantly altered the terms of the divorce decree? 

Here at Balekian Hayes, PLLC, our divorce attorneys have dealt with many clients who needed to change the terms of their divorce decrees after they were finalized, whether because of a non-compliant ex-partner or because of a newfound circumstance. Call us today for a consultation about how we can help you.

What Should You Do When Your Ex Does Not Comply with Your Divorce Decree?

Your spouse might refuse to fulfill their obligations under the divorce decree for any number of reasons. They could fail to pay alimony, renege on child support, block your visitation rights, or maintain their hold on property that they should have transferred to you. If your ex continually fails to comply with the divorce decree, take the following steps: 

1. Communicate: In some cases, what looked like a direct refusal to obey the divorce agreement could turn out to be a misunderstanding between estranged ex-partners. If possible, send an email or text message to your spouse, communicating your side of the story without accusing them of anything. This way, you can document all your communication in case they try to dispute facts down the line. 
2. Document Everything: If you start to see a pattern in their refusal to adhere to your separation agreement, keep a record of all their missed obligations, including overdue payments, denied visitation, and any communication (or lack thereof).
3. File a Contempt Motion: As a last resort, consult a seasoned Texas enforcement attorney and file a contempt motion against your ex-spouse—if this motion succeeds, your ex-partner could face fines or even jail time for their refusal to obey the agreement. Texas courts take non-compliance seriously and will help enforce the decree. 

What Can You Do If Hidden Assets Are Found After Divorce?

If you discover that your ex-spouse hid assets from you before finalizing your divorce agreement, you should contact an attorney about having your divorce decree modified. Those assets could have significantly altered whatever financial agreement you and your ex-partner settled on, undermining the integrity of the process and leading to an unfair decree. 

Make sure to document the way you found out about those hidden assets, as well as—crucially—any proof that your ex-spouse still possesses them. This proof can look like financial statements, emails, or text messages. 

An experienced divorce attorney can help you start the process of modifying your divorce decree. The court can adjust the marital property division to account for the newly discovered assets or otherwise award additional compensation to make up for it.  

How Can You Modify Child Support or Alimony?

In other financial situations, such as job loss, a sudden decrease in income, changes to your children’s needs, or other circumstances outside of your control, you may need to modify child support or alimony payments. In these cases, follow these steps to change your divorce agreement:

1. 1. Demonstrate a Significant Change: You must show a substantial change in your financial circumstances since the divorce. Gather your bank or tax statements, unemployment paperwork, school reports, or other case-specific documentation to substantiate your claims.
   2. File a Petition: Work with a seasoned divorce attorney to file a petition for modification. This petition outlines the changes in your life and the subsequent modifications you request. You will need the documentation you gathered earlier to prove the need for the change. 

• Attend the Court Hearing: Once the court reviews your petition for modification, it may hold a hearing to decide whether to approve your requested changes. 

Can Custody Arrangements Be Modified?

At the time of the divorce, courts often set custody arrangements based on the “best interests of the child.” In other words, they will decide based on what would best benefit the child emotionally, physically, and mentally. However, children grow, and situations evolve. What was best for your child when the arrangement was first made may not fit their needs now.

To modify the custody agreement made during your divorce, follow these steps:

1. Prove a Change in Circumstances: Just as you would with alimony and child support modifications, you must prove that the circumstances affecting your child’s well-being have changed. Whether these have to do with their living situations, educational needs, or health issues, you need to gather doctor’s reports, school progress cards, and other pieces of evidence that tell the story of your child’s development.
2. File for Modification: Once you have that evidence, work with a child custody modification attorney to file a motion to modify custody. 
3. Mediation: Sometimes, third-party mediation can help you and your ex-partner reach an agreement without going to court. This approach can be less adversarial and more cooperative, but if this fails, a judge must step in.

How Long Does the Modification Process Take?

The timeline for modifying your divorce agreement will depend on several factors: 

1. 1. Complexity of the Case: If your case involves hidden assets or non-compliance, you might need detailed evidence and multiple court hearings to convince the court of your case. Complex financial issues and uncooperativeness from the other party can extend legal processes. 
   2. Court Availability: If the court has a busy schedule, you may be unable to get a court date in the near future. To account for potential delays, consult with an experienced divorce attorney as soon as possible to file your modification request quickly.

• Cooperation of Both Parties: If the parties involved in the divorce agree to the modification, the process will conclude more quickly. Disputes will likely extend that duration significantly. 

Protecting Your Interests with the Divorce Attorneys at Balekian Hayes, PLLC

In a situation as potentially sticky as modifying a divorce decree, a competent, seasoned divorce attorney can advocate for your interests, protect your rights, and expedite the process as much as possible. If you need to modify your divorce decree to account for new life circumstances, the discovery of hidden assets, or another reason, our family law attorneys at Balekian Hayes, PLLC can help you. Call our office at 214-828-2800 today or fill out our online contact form for a consultation.