Making Divorce Modifications in TX
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In the event that the circumstances surrounding your initial divorce settlement no longer align with your current situation, you might find yourself needing to adjust the terms of the agreement. This is particularly common in cases involving child support, where unforeseen changes like job loss can significantly impact your financial capacity. In such scenarios, modifying your child support obligation becomes a necessary step to avoid financial strain.
Under the guidelines established by the Texas Family Code, certain criteria must be met for the modification of child support, whether it involves an increase or a decrease. This could be due to factors such as an ex-spouse’s income increase or a personal decrease in earnings owing to employment changes.
Modifying Child Support: Key Considerations
Basic Guidelines:
- A minimum of three years should have elapsed since the implementation of the last order, be it the original or a modified one.
- The proposed new child support amount should show at least a 20% or $100 change from the existing monthly payment.
If the rules above don’t fit your situation, then you can still modify your child support order if you can prove a substantial change in circumstances to the judge. Examples include:
- Job loss or significant job raise
- Medical expenses
- Unexpected costs
- Pay cut
- Change in the child’s daily needs (school, medical, etc.)
- Change in the custody of the child
If you need to move out of state, you may need to modify your child custody or visitation schedule to accommodate for the distance.
Process for Modifying a Divorce Decree
Avoid settling for informal agreements with your ex-spouse, such as verbally agreed-upon changes in support payments. Official modification of your divorce decree is a legal process that must go through the courts, as they hold the authority to enforce and approve changes to the decree.
- Texas Child Visitation Modification
- Texas Child Custody Modifications
- Child Support Modification in Texas (Part 1)
Evidence Requirements for Modification
Courts require more than just a request for modification; you must file a lawsuit and provide proof to support your claim. This includes detailing the necessity for modification and its benefits to all involved parties.
Such modifications typically arise from significant changes in circumstances. The party seeking modification must demonstrate that the conditions for either parent have materially and substantially altered since the initial order.
In need of legal guidance for a divorce modification? Contact the Law Office of Bryan Fagan, PLLC today to get assistance from a professional Houston attorney.
