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Modification of a Divorce Decree
A divorce decree modification is a legal amendment to the original divorce decree. It requires undergoing a detailed process and must be approved by the court. An experienced family law attorney can evaluate your modification requests and ensure all essential details are noticed.
Post-Divorce Modifications
During the divorce process, the court will issue several orders related to separation, such as property division, debt division, spousal support, child support, and child custody. Some of these orders can be modified if necessary after your divorce decree has been finalized.
Post-divorce modifications recognize that the passage of time can affect things. Months or even years after the divorce decree has been finalized, circumstances can change significantly and require modifications to the existing divorce decree.
Who Can File for a Modification of a Divorce Decree?
Texas Family Code states that any individual with court-ordered rights of the children in the original final divorce decree can request a custody modification. Either party in a divorce can request a modification of a divorce decree if there has been a substantial change in circumstances related to child custody, child support, or spousal maintenance since the decree was finalized.
Requesting a divorce decree modification can be complex, and an experienced, dedicated, and knowledgeable family law attorney can guide you through it while working toward your best interests and protecting your rights. Our law firm is ready to help you with the modification of your divorce decree. Call the Jimenez Law Firm at 214-513-0125 or 432-335-9000 for a consultation today.
Amend Your Divorce Decree with Mutual Agreement
There is room for compromise when former spouses are still on amicable terms with one another or can rebuild communications. If the parties can agree on changes to the divorce decree, they can petition the court to alter the original divorce decree. An attorney can also file a motion to modify the judgment of your divorce decree by mutual agreement.
Amending Your Divorce Decree via a Change of Circumstances
The party who wishes to modify the divorce decree must petition the court and prove that a substantial or material change of circumstances has occurred, making a modification necessary. Not only must the circumstances have changed significantly, but the change must be lasting and cannot be temporary.
The specific facts of each case affect what qualifies as a substantial change in circumstances, but usually, courts find the following changes justify modification:
- loss of employment
- relocation
- remarriage
- the birth of another child
- receiving a diagnosis of a chronic illness
Texas Law on Divorce Decree Modifications
Texas Family Code governs divorce decree modifications. The law only favors modifications when one of the parties or a child of the parties has experienced a substantial change in circumstances since the divorce decree was finalized. The Texas Family Code states explicitly that courts cannot “amend, modify, alter, or change the division of property made or approved in the decree of divorce or annulment.” This also includes debt division.
What Parts of a Divorce Decree Can Be Modified?
The Texas Family Code uses the terms possession or access instead of custody. Usually, you and your ex are either the managing conservator of your child or the possessory conservator. The managing conservator determines the child’s primary residence and has the right to receive child support. The possessory conservator has a set visitation schedule and has the right to pay child support.
If the circumstances of either party or your child have materially and substantially changed since the final divorce decree, you or your ex-spouse can request a modification to the divorce decree regarding possession or access. Relocations, work schedules, and children’s preferences can influence the need to modify the divorce decree. If your child is twelve or older, you can file a motion for them to speak with the judge in their chambers about their preference for who should have the right to determine their primary residence.
Spousal support or maintenance can be modified if you can show either you or your ex-spouse has experienced a material and substantial change in circumstances. Spousal support modification factors that can show a significant change in circumstances include:
- attainment of milestones
- completion of education or training
- remarriage
- retirement
- change in financial circumstances
- loss of employment
- increase in income
- significant change in financial obligations
- duration modification options
- decrease or termination of spousal support
- adjustment of spousal support amount based on new circumstances, such as your ex-spouse is no longer disabled or is cohabitating with an adult in a sexual relationship
- extension of spousal support
Child support orders can be modified if the child’s circumstances or either party in the divorce has undergone a material and substantial change since the order was signed. Significant changes include an increase in your ex-spouse’s salary, if your child’s needs have significantly outgrown the order, or if your ex-spouse has primarily allowed your child to live with you.
Texas Family Code also states that a child support order can be modified if it was established or last modified more than three years ago or if the current monthly amount differs by either 20% or $100 from the amount that would be awarded today based on child support guidelines.
