Under Texas law, an order may be modified in relation to conservatorship (custody), child support, and spousal maintenance.
Upon a final divorce decree or final orders in a suit affecting the parent-child relationship being signed by the Judge, it can only be modified under certain circumstances.
There are several factors that the party requesting a modification (movant) must show. First, the modification must be in the best interest of the child(ren).
Additionally, the movant must show that either there has been a material and substantial change in circumstances since the time the original order was signed, that a child that is at least 12 years old wishes to change the custody arrangement, or that the custodial parent has relinquished the care and possession of the child to another person for at least 6 months.
If the movant can prove one of the previously described circumstances, he or she is entitled to a modification of the prior order. (Texas Family Code Sec. 156 Modification)
In Texas, spousal maintenance may be terminated when the spouse receiving support dies, remarries, or cohabitates with a significant other. Spousal maintenance may be modified if there are material and substantial changes in circumstances after the date the spousal maintenance was ordered.
If you believe your spousal maintenance obligation should be modified or terminated, contact our offices today to assist you in filing a motion to reduce or terminate spousal maintenance. (Texas Family Code Sec. 8.057. Spousal Maintenance Modification)
Child support may be modified if there is a material change in circumstances and if it is in the best interest of the child.
Some of the reasons to modify child support include, but are not limited to, a decrease in income, an increase in income, and/or a change in that the child has or no longer has special needs.
Thus, child support may be increased or decreased depending on your current financial situation and the needs of the child(ren). (Texas Family Code Sec. 156.401. Child Support Modification)
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