The journey from terminating marriage to establishing a new norm can be challenging. Even with a divorce decree, many ex-couples find themselves tangled in disagreements over the final judgments. When such post-divorce disputes emerge, the need for experienced, empathetic legal guidance is paramount.
In this article, we examine the nuances of divorce modifications and post-divorce disputes in Texas, citing the relevant sections of the Texas Family Code. For personalized advice, please get in touch with Atty. Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Modifications Vs. Enforcement: Understanding the Difference
In the Texas Family Code context, the terms ‘modifications’ and ‘enforcement’ hold distinct implications. ‘Modifications’ refer to the alterations or changes made to the initial divorce decree due to a change in circumstances, often involving aspects such as child custody, child support, and visitation rights. For instance, if a parent relocates for work or the child’s living conditions substantially change, a custody or visitation order modification may be required. These are governed by Section 156.001 and Section 156.401 of the Texas Family Code.
On the other hand, ‘enforcement’ refers to the act of ensuring compliance with the terms laid out in the original divorce decree or an adjusted order. Enforcement mechanisms come into play when a party fails to adhere to the decree’s stipulations, such as not fulfilling child support obligations or not complying with agreed-upon custody or visitation schedules. It’s essential to remember that while modifications reflect changes in circumstances, enforcement mechanisms are tools to ensure compliance with legal obligations post-divorce.
Child Custody, Support, and Visitation Modifications
In accordance with Section 156.401, modifications can be made to child custody or visitation arrangements if it’s in the best interest of the child and there’s been a material and substantial change in circumstances. The statute doesn’t define what constitutes such a change, making it imperative to consult a skilled family lawyer who can guide you based on precedents and personal experience.
Child support can also be modified under the same section if it’s been three years since the order was established or last modified, and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded according to child support guidelines.
In situations involving child custody or visitation disputes, Texas Family Code Section 153.076 stipulates that each conservator of a child has a duty to inform the other of significant information concerning the health, education, and welfare of the child. This includes any changes in circumstances that may impact the child’s living arrangements, such as residing with a person who is registered as a sex offender or is the subject of a final protective order. Failure to provide this information can result in legal penalties.
Enforcement of the Divorce Decree
Regarding property division, Section 9.001 of the Texas Family Code provides a pathway for enforcement of the decree. If a party is affected by the decree’s provision for a division of property, they can file a suit for enforcement in the court that rendered the decree. The proceedings will follow the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.
In scenarios where the divorce decree is precise and clear, enforcement can be sought through several means. One such method, as outlined in Section 157.001 of the Texas Family Code, is a motion for enforcement. This motion can be filed to enforce any provision of a temporary or final order rendered in a suit. The court has the power to enforce by contempt any provision of such an order, including orders for child support.
Additionally, a child support lien, as per Section 157.312, may be used for enforcement. This lien can be levied against the real and personal property of an obligor for all amounts of child support due and owing. It’s essential to understand that this lien arises by operation of law and can be enforced in the same manner and to the same extent as a lien arising in Texas.
The Texas Family Code offers a robust framework for resolving post-divorce disputes. However, navigating this legal terrain requires expertise and an intimate understanding of family law in Texas. In such complex and emotionally charged situations, it’s paramount to have experienced legal counsel by your side, ensuring your rights are protected and you are adequately represented.
Meet Tyler Monahan
Successfully navigating divorce modifications and post-divorce disputes in Texas requires a profound understanding of the intricacies of the Texas Family Code. More importantly, it requires attorneys with a staunch commitment to your cause and an unwavering dedication to protecting your rights.
Attorney Tyler Monahan, a licensed practitioner in the state of Texas, specializes in family law and is an invaluable resource for those navigating these challenging post-divorce landscapes. If you’re facing the possibility of a divorce, don’t navigate this complex process alone. Schedule a free, no-obligation consultation with Attorney Tyler Monahan, and let his expertise guide you through this challenging time.
About Turner-Monahan, PLLC
Turner-Monahan, PLLC, has been a stronghold of legal representation in Fort Worth since 1973. Our family-focused firm has helped thousands of families navigate divorce and child custody cases over the past 50 years. We’re committed to fighting for your rights and will go above and beyond to understand and achieve your goals. At Turner-Monahan, PLLC, we create a custom-tailored strategy for your case and guide you with integrity and dedication through these difficult times.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
