15 July ,2014 By Admin Category:Divorce

Court orders in divorce cases are changed all the time.  Sometimes custody is modified because one parent needs to move out-of-state for employment purposes and other times support must be modified because the supporting spouse loses his or her job.  It is important to note that child custody, visitation and all support orders made at an Order to Show Cause hearing based upon an agreement of the parties can be modified at any time.

In addition, child custody, visitation and all support orders made at trial can always be modified whenever there is a “change in circumstances.”  The term “change in circumstances” is legal in nature and encompasses a significant change that would warrant a modification of the current orders.  On the other hand, if an order is temporary in nature, such as an order made during the divorce proceedings, then a modification request to the current order can be brought in good faith if there is good cause.

Spousal support orders can always be modified unless your order states that spousal support is non-modifiable.  However, long-term marriages (over 10 years) are scrutinized to a higher degree than short-term marriages and any agreements to waive spousal support permanently require additional steps to complete.

Another concern many individuals have during a divorce is allocation of property and debt at trial.  This allocation is generally non-modifiable, unless the judgment can be set aside for a particular reason. The grounds for setting aside a family law judgment are found in the Family Code.  The Code illustrates that most judgments may be set-aside for, among other things – fraud, perjury, duress, mental incapacity, certain mistakes of law or fact, and the Court may also take into consideration equitable reasons.

Regardless of whether an order in a divorce case is temporary or permanent in nature, you should consult a competent attorney that can advise you of your rights and remedies when it comes to you, your children, and your finances.  Depending on your specific case, an aggressive divorce attorney can get you increased visitation, a change in custody, a move-away request, reduced or increased child and/or spousal support, and modification of property judgments.