Divorce Modification Lawyers in Pearland

Divorce Decree Modification in Texas

Finalizing a divorce can be a lengthy process involving mediation over asset division, child custody, child support, alimony, and other contentious issues. Once the divorce decree is signed, the divorce itself is complete, but the legal issues may not be.

A Texas divorce decree reflects the circumstances at the time the marriage ends and the agreement the parties reached or the court ordered. Life changes, however, and situations may arise that require the decree to be modified.

If a significant change occurs after the decree, one or both parties can petition the court to modify child support, child custody, spousal support, medical or dental support, possession, and access, among other items. The modification should generally be filed in the same court where the original divorce proceedings were handled.

It is important to keep a copy of your divorce decree in your personal records for easy reference. When a substantial life event affects one or more terms of the original decree, speak with an experienced divorce attorney to start the modification process.

Legal Standard for Modification in Texas

In Texas, a court with continuing, exclusive jurisdiction may modify an order that provides for conservatorship, support, or possession of and access to a child.

The party seeking the modification must prove a material and substantial change in circumstances of one or both parties or a child. The burden of proof is on the ex-spouse requesting the modification.

Not every change in circumstances is enough to justify a modification; the change must be material and substantial.

For child-related issues, the legal standard is the best interests of the child. This standard is flexible and gives the court considerable discretion, though child support issues generally follow Texas child support guidelines.

The best-interests standard does not apply to spousal support because it does not involve children.

Some parts of a divorce are generally not modifiable. For example, if the divorce decree divided property between the spouses, neither party can later return to court and seek a modification of that property division.

Certain orders are final and unchangeable.

If your ex-spouse has not complied with the original terms of the divorce decree, you have the right to take them back to court for an enforcement action.

Common reasons for enforcement include not following the official custody schedule and refusing to pay child support.

Common Reasons for Divorce Decree Modification

The most common divorce modifications requested involve child support, child custody, and spousal support. Most post-divorce modifications arise from financial needs or changes in child custody circumstances.

Child Support Modifications

Child support is one of the most common reasons for a modification. The following situations may justify a change:

• The noncustodial parent paying child support loses their job or switches to a new job that pays significantly less. They can ask the court for reduced child support payments.
• The noncustodial parent paying child support has an increase in income. The custodial parent has the right to request additional child support.
• The child has an increase in medical expenses or other needs requiring financial assistance. The noncustodial parent may be required to provide additional financial support.
• The child has a decrease in medical expenses or other needs that previously required financial assistance. The noncustodial parent may be entitled to ask for reduced child support payments.
• The paying parent has another child with a new partner. Having an additional child is one allowable change in circumstances that can form the basis for seeking a modification of child support.

Not every annual raise or minor income change will mandate a modification. The substantial-change standard generally applies when there is a material change in income. Because child support is calculated based on the income of both parents, a significant raise for either parent may affect the amount.

If a paying parent earns substantial additional income, they may be required to pay more. If a paying parent loses income, they may seek to pay less.

A parent may also seek a modification if a minor child’s expenses have changed. For example, the child may have special needs and require additional medical treatment or special education, in which case both parents may need to share the expense.

In Texas, there are two main ways to file for a modification of child support: going through the Texas child support review process or going to court.

Child support modification in Texas is not retroactive, meaning the custodial parent cannot receive back payments for income made before the petition for a change in child support was filed.

Child Custody and Visitation Modifications

Either parent may request a modification to a child custody or visitation order if circumstances have materially and substantially changed. Custody issues generally involve:

• Which parent or parents can make important decisions about healthcare, education, and general parenting.
• Which parent has physical custody of the child and how much access the other parent has.

Texas law presumes that both parents should share in decision-making. However, if the parents cannot cooperate to determine the best interests of the child, the court could award managing conservatorship to one parent.

Some situations that may require a custody or visitation modification include:

• A parent relocates and wants to move the child out of town or out of state. Depending on the details of the existing custody agreement, they may need to seek a modification. This can also help protect the custodial parent from legal action by the noncustodial parent.
• The custodial parent’s home has suspected drug use, violence, or a gross lack of supervision. The noncustodial parent can request custody. Emergency custody change orders may be available to get the children to safety quickly while a more formal modification is pursued.
• The children’s schedule changes or one parent needs to relocate. Access may need to change to reflect the different circumstances.
• One parent believes the other is unfit or a danger to the children and seeks to reduce or eliminate that parent’s access.
• A parent seeks to change custody entirely. The best interests of the child remain the standard.

To change an existing child custody or visitation decree, you must prove that the change is in your child’s best interest and that at least one of the following has occurred:

• There has been a material and substantial change in the circumstances of the child, a conservator, or another person affected by the original order.
• The child is at least 12 years old and tells the judge who they want to live with.
• The person with primary custody has allowed someone else to have primary care and possession of the child for at least six months. This does not apply to deployed active-duty military.

In situations where a child is 12 years or older, a parent can potentially file a motion to have the child confer with the judge in chambers to express their opinion about with whom they would like to live. This allows the child to speak freely about concerns or fears without either parent hearing these statements.

The judge can then make a more informed decision in line with the child’s interests. This should only be undertaken with the advice and counsel of an experienced family law lawyer.

Texas law also presumes that a noncustodial parent should have a certain level of access to the children. A new custody arrangement may change the blocks of time one parent has, and the exact dates and details of the arrangement may be subject to modification.

Spousal Support Modifications

Another area in which ex-spouses may request a modification is spousal support. The financial situation of either party may have changed since the divorce. The paying spouse may have experienced a drop in income such that they cannot afford the amount set by the court.

The receiving spouse may have found a way to earn more money or may have remarried, making them no longer eligible to receive spousal support.

To secure a modification in spousal support, the party petitioning for the change must prove a material and substantial change in circumstances. Typically, the following may meet that requirement:

• Job loss or unemployment
• A substantial involuntary reduction in income
• A significant injury or disability
• The spouse receiving support remarries or cohabitates with another person
• Other events that create substantial changes in financial circumstances

If the ex-spouse receiving alimony is no longer disabled or is cohabitating with an adult with whom they share a sexual relationship, a request to stop spousal support payments may be made.

Modification FAQs

Can We Change Arrangements Without Getting the Courts Involved?

Some couples have friendly divorces and can successfully co-parent with minimal negative interaction. They may feel they can trust one another and modify child custody or child support arrangements without involving the courts.

This may work for minor details, such as changing a designated drop-off schedule when a child’s sports schedule changes.

However, for issues such as child support and legal custody, it is best to have everything modified in writing and established legally. This protects everyone involved, especially the children, from unexpected accusations or problems.

Even when both parties agree to a change in divorce decree terms, they must still file a petition for modification in the Texas family court where the divorce was finalized. While parties can seek to represent themselves, it is always advisable to talk to a qualified Texas divorce attorney first.

A divorce decree is a legally binding court order and can only be modified if correct procedures are followed. Not all requests for modification are granted, especially if they involve child support.

Sometimes one party later regrets agreeing to modifications granted by the court. To make sure you are protected, seek legal advice before deciding to handle a divorce modification yourself.

Situations and understandings can be drastically altered when new partners, employment changes, and moving come into play.

Officially modifying the divorce agreement and child custody or child support orders ensures your children’s best interests are put first.

How to Modify a Divorce Decree

With the help of a knowledgeable family law attorney, a divorce decree modification can be filed in the same court that originally heard your divorce case.

Either party can move to modify the decree as soon as one year after it was signed by the judge in most cases.

Once you are sure you want to change the decree, you should speak with a skilled family law attorney to review your existing documents and discuss the alterations you want.

A modification is a legal amendment made to the original decree. Once approved, it essentially updates the original decree to reflect the new changes. All modifications must be approved by the court to be legally enforceable.

Your attorney can evaluate your requests and put them into a format that safeguards the needs of you and your children under the law.

Modifications require a detailed process, and having an experienced divorce attorney on your side is essential. This can help ensure you do not overlook important details that could tilt the modification against you.

Legal actions such as a divorce modification result in legally binding agreements, so skilled legal representation is important to craft a document that will serve your family’s interests for as long as possible.

A modification case is one in which one or both parties to a divorce or child custody case asks a judge to change the existing custody, visitation, child support, medical support, or dental support order.

What to Do If You Are Served with a Petition to Modify

If you are served with a petition to modify your divorce decree, immediately and carefully read the modification papers to determine if anything needs urgent attention.

Consider whether there is a standing order regarding child custody or distribution of marital assets you are accused of violating, whether the judge has signed a temporary restraining order, and whether any hearings have been scheduled.

If any of these issues exist, seek representation from a Texas family lawyer as soon as possible.

You have 20 days from the day you are served with the modification papers to file an answer. If you fail to properly and timely answer, the modification could occur without your input.

Texas law is very exacting about the statutory deadline for filing an answer to a petition. Consult with counsel about how much time you have to file your answer and how to best address the issues presented in the modification petition.

What if You Need to Change Jurisdiction?

If the child in question no longer lives in the county where the decree was made, jurisdiction may become an issue. If the child has lived in another Texas county for the last six months, you can ask the court to transfer the case to the child’s new county of residence.

If the child has lived in another state for the last six months, the Texas court may have lost jurisdiction over the case and thus the power to make or modify orders concerning your child. Talk to a child support lawyer to find out where you should file your petition to modify child support.

Speak with Terry & Roberts Today

Divorces can be complex battles that require legal guidance. There are various factors influencing the amount of child support and alimony. In addition, the child custody schedule should be carefully reviewed to protect all parties involved.

Ultimately, it is vital that you do not try to manage things yourself and risk pitfalls or mistakes that could work against you.

At Terry & Roberts, we understand the complexities of family law and how to interpret relevant statutes and case law to your best advantage in a divorce modification.

We work for your interests and those of your children, ensuring everyone’s rights are protected. Our divorce modification lawyers can work efficiently and professionally with your ex-spouse’s attorney, resolving even the most complicated issues for the best outcome possible.

Whether you need to file a modification or are facing a request for a modification, we can represent your best interests. While your divorce is final, your divorce agreement may not be.

Our Texas modification and enforcement lawyers provide a compassionate but thorough approach to family law. If you, your child, or your ex-spouse have gone through a major life change, you should look into modification immediately. Likewise, if one party to a divorce decree continues to act against a standing court order, you should look into enforcement.

If your divorce, custody, or child support terms need modifying, you likely have important questions and concerns. Contact the experienced legal team at Terry & Roberts to discuss your case today.