After you finalize your divorce, wanting to move on with your life is more than understandable. However, even after a divorce you may have some unresolved issues due to anything from a sudden change in circumstances to your former spouse failing to follow instructions imposed on them by a court order.
Fortunately, you may have various options at your disposal to seek modification or court enforcement of your divorce’s terms, and a qualified divorce attorney could help you make the most of them. If you want to get through legal disagreements with your former spouse as efficiently and proactively as possible, working with an Austin post-divorce disputes lawyer is a virtual necessity.
Is It Possible to Change an Existing Divorce Agreement?
Once a divorce court passes down an order regarding the division of marital assets, financial support one spouse owes to the other, or custody of children produced by the now-dissolved marriage, it remains legally enforceable regardless of how the parties subject to the order feel about it. However, if someone’s personal circumstances change so dramatically that an existing court order is no longer appropriate, they can petition the court for a modification.
A change in circumstances must be both material and substantial in order to justify a modification to a divorce decree. In other words, it must be directly relevant to the matter the order addresses, and it must make the impacted parties completely unable to fulfill the terms of the old order in good faith. For example, if someone subject to a spousal support order contracts an illness that requires expensive medical care, their loss of disposable income would directly affect their ability to meet the financial obligations imposed on them by the existing support order, necessitating a modification.
An additional requirement applies when it comes to modifying child custody orders. For example, the party seeking the change must prove that it would serve the child’s best interests better than the existing order does, based on a material and substantial change in one parent’s circumstances. A seasoned Austin post-divorce disputes attorney could further explain the criteria that play into this kind of proceeding during a private consultation.
Seeking Enforcement of Court Orders
Unfortunately, it is not always possible to solve post-divorce disputes through private negotiation or court modifications, especially when they stem from one party deliberately acting in bad faith in opposition to a court order. If one party to a divorce does not produce assets granted to the other party, fails to provide support payments, or disobeys a custody order, legal action may be necessary to remedy the issue.
In the event of problems with property division, a post-divorce disputes lawyer in Austin could help pursue a motion for enforcement in the court that oversaw the original divorce in accordance with Texas Family Code §9.001. Deliberate violations of support or custody orders may require motioning for contempt of court, which could potentially lead to civil or even criminal repercussions depending on the circumstances.
An Austin Post-Divorce Disputes Attorney Could Help
Relitigating the terms of a divorce months or even years after its initial imposition is never ideal, but it may end up being necessary for a number of different reasons. Whether you need to adjust the requirements of a court order or compel a former spouse to follow one, seeking help from dedicated legal counsel will likely be crucial if you want to effectively pursue a positive outcome.
An Austin post-divorce disputes lawyer could provide custom-tailored guidance and support throughout whatever trials and tribulations your post-divorce years produce. Call today to schedule a consultation.