Adjusting Divorce Agreements in Texas
Consult a Dallas Attorney for Modifications
Divorce agreements, at times, require adjustments post-finalization. For instance, you might have agreed on child support payments, only to face job loss soon after the divorce. Such situations necessitate seeking modifications to prevent financial strain.
Under the Texas Family Code, specific guidelines exist for modifying child support, whether due to a change in income or other significant life events.
When to Consider Child Support ModificationGeneral 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 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
Informal arrangements with an ex-spouse are not legally binding for modifying divorce decrees. Legal modifications must be processed through the court, which holds jurisdiction over the decree and enforces its terms.
Evidence Requirement for Modifications
Courts require substantial evidence for granting modifications. Applicants must demonstrate the necessity of the change and its benefits for all involved parties.
Most modifications are the result of changed circumstances. For example, he or she must prove that the circumstances of one or both parents have materially and substantially changed since the time the order was made.
Typically, modifications stem from significant changes in circumstances. Proof is needed that either or both parents’ situations have materially and substantially altered since the original order.