Divorce decrees are final court orders issued at the end of a divorce process, but they’re not necessarily permanent. Life changes, and as it does, you may find that the terms outlined in your divorce decree—whether related to spousal support, child custody, or other aspects—no longer meet the needs of your current situation. In Texas, certain legal standards and procedures allow for modifying divorce decrees to reflect these changes.
This article will explore when and how you can seek a modification, provide real-world examples, and cover relevant Texas Family Code statutes.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What is a Divorce Decree Modification?
A divorce decree modification refers to a legal adjustment made to the terms set out in the original divorce order. Typically, modifications apply to child custody, visitation, child support, and spousal maintenance but may also impact asset division in some cases. Changes in financial stability, relocations, or other life circumstances are common reasons for requesting these modifications.
Common Scenarios for Modifying a Divorce Decree
Change in Income
If one party loses their job, experiences a significant pay cut, or receives a substantial raise, this can impact child support or spousal maintenance. For example, a parent paying child support might petition to reduce their payments after a job loss, while a custodial parent might seek an increase if the other parent receives a substantial income boost.
Relocation of a Custodial Parent
If a custodial parent plans to relocate, a modification to the custody arrangement may be necessary, particularly if it impacts the non-custodial parent’s visitation. This process involves considering what’s in the best interest of the child, a core principle in Texas family law.
Change in Child’s Needs or Circumstances
Modifications may also be sought if a child’s circumstances change, such as a need for specialized medical care or schooling.
Expiration of Spousal Maintenance Terms
Texas law typically limits the duration of spousal maintenance. However, if circumstances warrant continued support, such as a disability or inability to become self-supporting, a modification may be possible.
Legal Standards and Requirements for Modifying a Divorce Decree in Texas
The Texas Family Code governs modifications of divorce decrees, particularly focusing on the best interests of the child for custody-related issues and substantial changes in circumstances for financial adjustments. The key statutes include:
Texas Family Code Section 156.101: This section addresses modifications of child custody, visitation, and child support, requiring the petitioner to demonstrate a “material and substantial change” in circumstances.
Texas Family Code Section 154.128: This section allows for adjustments in child support obligations if there’s a significant increase or decrease in either party’s income or a change in the needs of the child.
Texas Family Code Section 8.057: This provision details the modification or extension of spousal maintenance terms, provided that there’s a substantial change in the receiving spouse’s circumstances.
The Texas Family Code emphasizes that modifications must serve the best interests of the child in matters of custody and child support, while financial modifications focus on fairness and significant life changes. Consulting a knowledgeable Spousal Maintenance Attorney can help determine if you meet these legal requirements.
Example: Modifying Child Custody and Support After a Job Relocation
Let’s say a custodial parent needs to relocate to another city for work, and the relocation will impact the non-custodial parent’s ability to maintain regular visitation. In this case, both parties would need to approach the court for a modification to the custody arrangement, adjusting the visitation schedule to accommodate the new distance.
Additionally, a change in the custody arrangement might lead to adjustments in child support calculations, reflecting new expenses for travel or increased living costs in the new city.
Steps to Modify a Divorce Decree in Texas
Evaluate the Need for Modification
Identify the changes in your circumstances that justify the modification. This could range from a new job, a change in marital status, or changes in a child’s needs.
File a Petition for Modification
You will need to file a Petition for Modification with the Texas family court. It’s often wise to consult with a Fort Worth Divorce Lawyer to ensure you meet all procedural requirements.
Notify the Other Party
The other party must be formally notified of the modification request. In many cases, the court requires both parties to attend a hearing.
Present Evidence in Court
Provide relevant documents, such as financial statements, medical records, or employment records, to support your claim.
Await Court Decision
The court will review all evidence and determine whether a modification is in order.
Working with an a Tarrant County divorce attorney who understands Texas family law can streamline this process and ensure your interests are adequately represented.
Key Considerations Under Texas Family Code
The Texas Family Code focuses on ensuring fairness, transparency, and the best interest of involved parties, especially children. For instance:
- Child Custody: Courts emphasize the best interest of the child when considering modifications to custody agreements. The Texas Family Code outlines a child’s right to maintain meaningful contact with both parents, barring situations where such contact would be detrimental.
- Spousal Maintenance Adjustments: If a spouse’s financial status changes drastically, the Texas Family Code allows modifications to spousal maintenance. However, courts require substantial evidence to prevent the system from being overused for minor financial fluctuations.
- Property and Asset Division: The Code also restricts modifications related to Divorce Asset Split and Marriage Asset Division. Generally, property divisions are considered final after a divorce is granted unless exceptional circumstances arise.
Turner Monahan PLLC – Here to Support You
Since 1973, Turner Monahan PLLC has helped individuals and families across Texas navigate the complex landscape of family law. Our team is experienced in assisting clients with divorce proceedings, custody agreements, and spousal maintenance modifications, among many other family law matters. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
