Updates are okay

Life is long and circumstances can change. Your earning potential and living arrangements won’t stay the same forever. And there can come a point when the terms of your divorce need to be revisited. 

Both parties have an initial 30 days to appeal a divorce decree, but even after that time has passed, you have options. Sometimes, former spouses can work something out on their own, but that is not always the case, particularly when there’s a history of bad blood. When collaboration isn’t possible, the court system — and a good attorney — are your best bet. 

Not everything can be modified

When litigating after your divorce, it’s important to pick your battles. Asset divisions are not subject to modifications and can only be filed following a final decree to divide undivided assets. 

Instead, modifications are more common with issues such as spousal support, child support, child custody and visitation.

Support your kids (and yourself)

Parents have a continual obligation to provide for their children, even once a divorce is final. So when child support is owed, it must be paid. 

But the ability to pay can change over time, as careers and expenses shift. If you’re dealing with medical bills, unemployment or other financial troubles, it behooves you to have the court take a look at your support order. The penalties for falling behind can be severe. If someone doesn’t pay, it’s just a matter of time before that person ends up in front of a judge. A proactive approach, on the other hand, will benefit you in the long run. 

Even custody can change

In Texas, the court decides custody based upon a child’s “best interest,” and that decision can change after custody is awarded. 

New information can always come to light that could impact the custody arrangement. If a custodial parent is abusive or struggling with addiction, for instance, it could be a revelation in the judge’s eyes. A petition to modify custody would be filed in the same court that issued the divorce.  

Children can have some input as well, once they are 12 years old. Generally, a judge will hear them out and take that opinion into account in rendering a final decision. 

Alimony isn’t a blank check 

In Texas, alimony is known as “spousal maintenance.” And maintenance is supposed to be all it is. When spouses have varying income levels, alimony is intended to keep a spouse solvent. 

That said, there are limitations with these payments. If a spouse receives payments and he/she moves in with a significant other, that has an impact on how the court will view the alimony obligation. But it must be brought to the court’s attention first, before payments come to a halt.