Modifying a Divorce Decree in Texas

 Posted on June 07, 2023 in Divorce

When it comes to divorce decrees, situations may arise where modifications are necessary to ensure that the agreement aligns with the evolving needs of the parties involved. In this article, we will explore the process of modifying a divorce decree in Texas, highlighting the importance of seeking professional legal guidance to navigate this complex procedure successfully.

Modifying a Divorce Decree in Texas

Life is full of unexpected twists and turns, and sometimes the terms outlined in a divorce decree no longer reflect the current reality of the individuals involved. Whether it's a significant change in income, relocation, or alterations in the needs of children, it is crucial to recognize when modifications are warranted.

Common Reasons for Modification

Modifications to divorce decrees in Texas typically revolve around key aspects such as child custody, visitation rights, child support, spousal support, and property division. Significant life events, such as job loss, a substantial increase in income, or medical issues, can necessitate changes to these crucial elements.

The Role of Substantial Change in Circumstances

In Texas, modification cases are governed by the Texas Family Code, which emphasizes the importance of substantial changes in circumstances to warrant modifications. These changes must have occurred since the signing of the original divorce decree and significantly impact one of the parties or the child involved.

Filing a Petition for Modification

To modify a divorce decree in Texas, you must file a petition with the same court that handled your original divorce. This petition should clearly state the requested modifications and provide compelling evidence of the substantial changes in circumstances that justify the modification.

Modifying Specific Aspects

1. Spousal Maintenance Modifications

In Texas, spousal maintenance, commonly known as "alimony," can be modified if there is a material and substantial change in the circumstances of either party. This change could be related to disability, cohabitation, or any other significant change that affects the need for spousal support. Modifying spousal maintenance requires presenting evidence that justifies the requested modification.

2. Child Support Modifications

Child support orders can be modified in Texas if there has been a material and substantial change in circumstances since the order was signed or if three years have passed since the last modification. Changes in income, the needs of the child, or a shift in primary custody can all be reasons for requesting a child support modification.

3. Child Custody Modifications

Child custody, referred to as "possession" or "access" in the Texas Family Code, can be modified if there has been a material and substantial change in circumstances affecting the child or either parent. This could include relocation, changes in the child's preference (if they are at least twelve years old), or a voluntary transfer of primary caregiver status.

Contact a Collin County Family Law Lawyer 

Modifying a divorce decree in Texas is crucial when significant changes occur in your life or the lives of your ex-spouse and children. At the Law Office of Linda Risinger, our dedicated Collin County family law attorneys are available to assist you throughout the modification process. 

Contact us today at 972-294-6533 to schedule a free consultation and receive the guidance you need to navigate the complexities of modifying a divorce decree.

Source: 

https://guides.sll.texas.gov/divorce