Once a divorce has been granted, are both parties bound by the terms of the divorce decree indefinitely?

Absolutely not. Sometimes, a material and substantial change in circumstances warrants what is called a “modification” of the original divorce decree. For example, perhaps the custodial parent of a child is unable to care for the child anymore and voluntarily relinquishes primary care and possession of the child to another party for at least six months. Also, the child at the age of 12 may decide that he or she would like to live with the other parent, and is permitted to make that decision by filing a written document with the court. Modifications are not only sought for a change in custody, but may also be sought for a change in child support. There are several instances in which a modification of child support may be granted. One such example would be if either the custodial parent’s income or the non-custodial parent’s income has substantially increased. If it is the custodial parent’s income that has increased, then this may warrant a reduction of child support obligations of the non-custodial parent. If it is the non-custodial parent’s income that has increased, then an increase in child support may be granted. Conversely, if income of the parent paying child support has substantially decreased, may justify a reduction in child support. Another example would be if the child’s expenses have increased, which usually happens as the child grows older. Lastly, it spousal maintenance was ordered in the original decree and the party receiving the maintenance remarries or cohabits with another person, spousal maintenance may be terminated.

It’s time to take hold of your rights, and you can do so by contacting a Conroe, Spring family lawyer at Garg & Associates immediately to schedule an initial consultation. Please contact our office to see how we can assist you. Learn more about our Areas of Practice.