Divorce Decree Modification

Divorce Decree Modification FAQ

 

What are some of the factors that are significant to warrant modifying my existing divorce decree between myself and my ex-spouse?

  • A serious illness to individual responsible for alimony/ child support payment
  • An extended period of unemployment for individual responsible for alimony/ child support payment
  • A substantial decrease in income of individual responsible for alimony payment
  • A serious illness to child of individual receiving child support
  • Documented serious and ongoing problems in the house of child such as violence, drug activity or long periods without supervision
  • A parental relocation that may not be in children’s best interests that would prevent the non-custodial parent from having their scheduled visitation

 

What decree orders are subject to modification?

  • Payment amounts/ non payment
  • Child custody
  • Child visitation

 

I was wondering what would happen if I became seriously mentally or physically handicapped and was no longer to be able to meet my decree payment obligations?

You would need to hire an attorney and file for divorce decree modifications, be prepared to prove without any doubt the decree of your handicap.

My ex-spouse called and asked me to make my payment directly to her do to an “emergency”. What should I do?

Do not make payments directly to your ex unless the courts specifically instructed you to do so. Direct payment in Texas is considered a gift and will not count toward your court ordered payments.

What is an Amicus curia?

Amicus curia is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it. The information provided may be a legal opinion in the form of a brief (which is called an amicus brief when offered by an amicus curiae), a testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision on whether to admit the information lies at the discretion of the court. The phrase amicus curiae literally means “friend of the court”.

I moved to Texas from another state about a year ago. I was recently diagnosed with cancer and need to amend my divorce decree, can I do that from here or do I need to travel to my former state of residence?

You can absolutely handle your case from Texas. If the original child custody order was issued in another state, your case will come under UCCJEA act.

What does the acronym UCCJEA stand for?

Uniform Child Custody Jurisdiction and Enforcement Act

What does the acronym SAPCR stand for?

  • Suit Affecting the Parent Child Relationship. Court orders that divide parental rights are called Suits Affecting the Parent – Child Relationship. If paternity is already established and the parties aren’t divorcing, the case is simply called a Suit Affecting the Parent-Child Relationship.
  • You are the child’s parent, guardian, conservator, or legal representative.
  • You are the child’s alleged father.
  • You had physical custody of the child for at least six months.
  • You have lived with the child and the child’s parent, guardian, or conservator for at least six months and the child’s parent, guardian, or conservator has died.
  • You are the child’s foster parent.
  • You are the child’s close relative and the child’s parents have died.
  • You are the child’s prospective adoptive parent.

 

Who can file for SAPCR?

  • You are the child’s parent, guardian, conservator, or legal representative.
  • You are the child’s alleged father.
  • You had physical custody of the child for at least six months.
  • You have lived with the child and the child’s parent, guardian, or conservator for at least six months and the child’s parent, guardian, or conservator has died.
  • You are the child’s foster parent.
  • You are the child’s close relative and the child’s parents have died.
  • You are the child’s prospective adoptive parent.

 

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Houston Family Law Attorney
Elkins Law P.C. provides representation to clients in Houston, Texas, and the neighboring areas of Sugar Land, Kingwood, Clear Lake, Missouri City, Richmond, Rosenberg, Katy, Pearland, Alvin, Galveston, Friendswood, Webster, The Woodlands, Spring, Cypress, River Oaks, Bellaire, West University, Memorial, West Houston, Stafford, Mission Bend, Fresno, Pasadena, League City, Greatwood, Pecan Grove and Cinco Ranch, as well as Harris County, Fort Bend County, Brazoria County, Galveston County and Montgomery County in the state of Texas.

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