Adjusting Divorce Modifications in Texas
Consult a Dallas Attorney for Divorce Modifications
Divorce agreements sometimes require changes after finalization, a process known as divorce modification. For example, you may have agreed to specific child support terms but experienced unexpected job loss shortly after the divorce. In such cases, seeking modifications is crucial to avoid financial difficulties.
The Texas Family Code stipulates specific guidelines for divorce modification, particularly regarding adjustments to child support payments due to changes in income or other significant life events.
When to Consider Child Support Modification General Guidelines:
- A three-year wait period is required from the last order (original or modified).
- The new child support amount must differ by at least 20% or $100 from the current monthly amount.
If the above criteria don’t apply, modifications, including those related to divorce modification, can still be pursued if a substantial change in circumstances is proven, such as:
- Job loss or significant pay increase.
- Unexpected medical expenses or costs.
- Reduction in salary.
- Changes in the child’s needs (educational, medical, etc.).
- Alterations in child custody arrangements.
- Relocation needs, impacting custody or visitation schedules
If you need to move out of state, you may need to modify your child custody or visitation schedule to accommodate for the distance.
Modifying a Divorce Decree: The Process
While informal arrangements with an ex-spouse lack legal binding, formal modifications, such as those for divorce modification, must be processed by the court. The court holds jurisdiction over the decree and ensures enforcement of its terms.
Texas Child Visitation Modification
Texas Child Custody Modifications
Child Support Modification in Texas (Part 1)
Evidence Requirement for Divorce Modifications
Courts typically require substantial evidence to justify modifications. Moreover, ensuring the proposed changes benefit all parties involved is essential. Furthermore, this evidence may include financial documents, witness testimonies, or other relevant information to support the requested modification.
Most modifications, including those for divorce modification, are the result of changed circumstances. For example, proof of materially and substantially changed circumstances for one or both parents since the order’s issuance must be provided.
Typically, modifications, including those related to divorce modification, stem from significant changes in circumstances. Either or both parents must provide proof that their situations have materially and substantially changed since the original order.
Considering a divorce modification? Contact the Law Office of Bryan Fagan, PLLC for professional guidance from a knowledgeable Dallas attorney.
