To modify a divorce decree in Texas, finding a board-certified Texas divorce modification lawyer in Houston, TX is a great first step. The process can be complex and having an experienced guide can ensure your claim. For over 25 years the Cusic Law Firm has been serving the local community in family law, divorce and child support cases. With a 10.0 AVVO rating, our board-certified family law firm can be life-changing choice for you in your greatest time of need.
Can You Change a Divorce Settlement in Texas?
You can typically change a divorce settlement in Texas if one or both the parties experience a significant change after the divorce decree. This may include changes to child support and custody, as well as alimony or spousal support. If so, then the modification will be filed in the same court where the settlement was handled.
When Can A Divorce Decree Be Changed?
It is natural for many families’ situations and circumstances to change over time. Jobs and income can change, one parent might move, the parents may agree to switch the child’s primary household. These are all very valid and normal reasons to amend a decree. Some amendments might be minor, others major. Consulting with a divorce decree modification attorney can help you determine the best course of action.
How to Modify a Divorce Decree in Texas?
Whether the amendment to the divorce decree is major or minor, the petition must be filed in the court where the original divorce case was handled. A modification of divorce in Texas requires a legal justification of circumstances by the person making the request. During the hearing, the court takes every major situational change into consideration. This helps them understand exactly how significant the changes are since the original decree was signed. After the modification request is filed, the court may choose to modify spousal support, child support, and/or child custody orders..
Child Support Modification:
In Texas, the child support order may be modified when there has been a material or substantial change since the time of divorce settlement or after three years since the order was signed. One of the parties with primary child custody may be eligible to file for divorce modification, if:
- The ex-spouse’s salary increased, allowing him or her to be able to pay more for child support
- The child support differs by either 20% or $100 as per the Texas Family Code’s child support guidelines.
- The child is ready for college education and needs more monetary support
Child Custody Modification:
In Texas Family Code, custodial or a child custody modification is often referred to as “possession” or “access” changes. During the final hearing of a divorce case, the managing conservator decides the primary custodial and secondary custodial parents with visitation schedules and child support rights listed for both the parties. However, if both the parents or the primary caregiver voluntarily decides to change the child’s residence for some reason, he or she may file for a child custody modification at least six months from the final settlement in order to transfer the role of the primary conservator of the child. The terms, however, must be jointly agreed upon by both the parties either in a written stipulation or through an authorized court agreement. After a judge grants it, the custodial modification will be legally valid if the judge determines the new changes to be in the best interests of the child.
Modification of Spousal Support or Alimony
This is one of the most important types of divorce modifications as spousal support is involved. Such type of modification is directly related to the money paid to the ex-spouse for their support and sustenance. Only in case of considerable changes in circumstances, can a spousal support modification petition be filed in a Texas court.
Request a Free Divorce Modification Attorney Consultation
If you or a loved one are considering divorce modification in Houston, or simply want to learn more, our the Cusic Family Law Firm is here to help. Contact us today to schedule your free, 30 minutes consultation. We look forward to serving you.