Modification Lawyer in Collin County

Divorce Modifications in McKinney, Plano, Frisco, Richardson & the Surrounding Areas

When two individuals have finally received confirmation that their divorce is officially legalized, it is normal for them to experience some form of relief that the challenging process of dissolving their marriage is over, and they can actually start to regain some normalcy in starting afresh. Unfortunately, life never goes as planned. When significant events instigate a dramatic change within the circumstances of you and your family, you might be forced to re-open a discussion with your previous partner about altering some of your former agreements.

Perhaps you are moving, and you need to relocate your child with you. Alternatively, you might have suffered a debilitating illness and require more alimony payments from your ex-spouse to help you when you are unable to financially support yourself. No matter what, you will need a sensitive but rigorous modification attorney in Collin County to represent you. Lisa Baker Canterberry, Attorney At Law is available to advocate for you immediately.

Need help with a divorce modification? Contact us today at (214) 367-5026 for a free consultation.

Reasons for Filing for Post-Divorce Modifications

There are many reasons that an individual may seek a modification to the original terms of the divorce following the legal separation. Whether the alteration you seek involves a financial support arrangement between two former spouses, such as alimony, or whether the modification involves the custodial arrangement of children shared between two divorced parties, our firm has successfully represented all kinds of claims filing changes after a marriage has been dissolved.

Just a few examples of cases for altering a current family order include:

• Sudden changes of a child’s needs, whether for their health, their schooling, or their mental and social development.

• A dramatic change in one of the party’s income, whether they have lost a job and are no longer able to provide maintenance or have received a raise of salary that makes them able to provide for themselves.

• Evidence that one parent has demonstrated concerning behavior, whether of domestic violence, neglect, or sexual abuse, requiring removal of conservatorship.

• An addition of resources, where one parent might have gained an inheritance or sizable monetary gift that allows them to contribute more to another parent’s child support.

• One party is required to relocate and is seeking to move their child with them.

Proving Evidence to File for Modification

In almost all modification claims, the party seeking a change in support, custody, or any other post-divorce terms will need to provide concrete evidence that a dramatic change of circumstances has occurred. However, if you are seeking to stop a modification claim from your previous spouse, it is crucial to provide evidence as well. For example, if your ex-partner desires to have full custody of your children and prevent your ability to visit them, you have the right to refute their claim so that you can spend quality time with your children. The more proof you have, the more likely your case will be successful.

In these intricate, sensitive situations, it is critical to have a modification lawyer in Collin County who is highly familiar with the legal complexities. As a lawyer with decades of experience, you can trust Lisa Baker Canterberry, Attorney At Law to have all the knowledge necessary to support your case for applying for a modification, or for suppressing an ex-spouse’s unfair claim for modification.

Understanding the Modification Process

When circumstances change after a divorce, it’s often necessary to modify the original terms of the agreement. This can include changes in child custody, support arrangements, or spousal maintenance. The modification process typically follows a few legal steps:

• Filing the Petition: The first step is to file a petition with the court that outlines the requested changes and the reasons behind them. It is important to provide clear and convincing evidence that supports the need for modification.

• Attending Hearings: Once the petition is filed, a hearing will be scheduled. During this hearing, both parties will have the opportunity to present their case to the judge. It’s essential to come prepared with all necessary documentation and evidence.

• Court Decision: After reviewing the case, the judge will make a decision. If the modification request is approved, a new court order will be issued, which will replace the old agreement.

Throughout this process, having an experienced attorney is crucial to navigate the legal steps and improve the chances of a successful outcome.

Child Custody Modifications

Child custody arrangements are often one of the most common modifications following a divorce. Changes can occur for many reasons, such as:

• Parental Relocation: If one parent needs to move to a new city or state for work or personal reasons, they may request a modification to relocate the child with them. Courts will consider whether the move is in the child’s best interest.

• Changes in the Child’s Needs: As children grow, their needs may change, including education, healthcare, and emotional support. If these changes require adjustments to the custody arrangement, a modification request can be made.

• Parental Ability to Care for the Child: If one parent experiences a significant change in their ability to care for the child, such as illness, loss of employment, or unstable living conditions, a modification may be necessary to ensure the child's well-being.

The court will always prioritize the child’s best interests when determining whether to modify custody.

Spousal Support and Alimony Modifications

Alimony or spousal support can also be modified if there is a significant change in circumstances. Some common situations that may warrant a modification include:

• Job Loss: If the paying spouse loses their job and can no longer meet the financial obligations set by the court, they may request a reduction in alimony payments.

• Illness or Disability: If the receiving spouse becomes ill or disabled and unable to work, they may request an increase in alimony to meet their financial needs.

• Significant Income Changes: If the paying spouse gets a substantial raise or increase in income, the recipient spouse may request a higher amount of support to reflect the change in financial circumstances.

In all cases, both parties will need to provide evidence of the change in circumstances, and the court will review whether the modification is fair and reasonable based on the new conditions.

Frequently Asked Questions (FAQs)

• How soon can I file for a modification after my divorce is finalized?
  You can file for a modification as soon as there is a significant change in circumstances. However, the court typically requires that the change has occurred for at least a few months before filing. It’s best to consult with an attorney to determine if your case is eligible.
• Can I modify child custody if my ex-spouse is not following the current agreement?
  Yes, if your ex-spouse is not adhering to the custody arrangement, you can request a modification. The court will consider the violation of the agreement and whether it impacts the child’s best interests before making any changes.
• Do I need an attorney to file for a modification?
  While it is not required, having an attorney can significantly increase your chances of success. An attorney can help you gather the necessary evidence, file the correct paperwork, and represent you during hearings.
• Can I modify spousal support if my ex-spouse refuses to agree to the change?
  Yes, you can still file for a modification even if your ex-spouse does not agree. The court will evaluate the reasons for the modification and make a decision based on the evidence presented.
• How do I prove that a change in circumstances justifies a modification
  To prove a change in circumstances, you will need to provide documentation that supports your claim. This may include medical records, financial statements, or any other relevant evidence showing a significant change in your or your ex-spouse's situation.
• Can the court modify a divorce settlement agreement?
  In some cases, yes. The court can modify certain aspects of a divorce settlement if there has been a substantial change in circumstances. However, the court generally will not modify the division of property unless there are extreme circumstances, like fraud or misrepresentation.

Facing a change in circumstances after divorce? Contact us now at (214) 367-5026 to discuss your options.