Making Divorce Modifications in San Antonio
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Sometimes, the divorce decree you created and filed when you separated from your spouse doesn’t turn out as expected. For instance, you may have established the child support payments that you would pay out to your ex and the children every month. Shortly after the divorce, you may experience a job loss. In this situation, you may need to seek a modification to decrease your child support dues to avoid debt.
The Texas Family Code outlines the rules that must be followed to either increase or decrease a person’s child support obligation. Whether a new job has led to a higher income for the ex-spouse or there has been a decrease in income due to a change in employment, a modification of the child support figure is warranted.
Reasons to Modify Child Support
General Rules
- You must wait at least three years from the time the last order (whether an original order or modified order) was set into place
- The “new” amount of child support should differ by at least 20% or $100 from the current monthly child support amount
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 the distance.
How Can I Modify a Divorce Decree?
It may be tempting to approach your ex-spouse and try to work out an informal arrangement to change the support figure with a handshake. However, modifying your divorce decree is not a straightforward task. You cannot simply inform your ex-spouse that you need to make changes in your decree and implement them accordingly. Instead, you are legally required to go through the court. Since the court has jurisdiction over your divorce decree and is responsible for enforcing it, they will need to approve or deny your requested modifications.
- Texas Child Visitation Modification
- Texas Child Custody Modifications
- Child Support Modification in Texas (Part 1)
Providing Evidence for a Modification
Court approval for a modification is not granted based solely on a request. Instead, you will need to file a lawsuit and present substantial evidence of specific facts. You might need to provide justification for the modification and demonstrate its mutual benefits for all parties involved.
Modifications typically stem from altered circumstances. For instance, it is necessary to establish that the circumstances of one or both parents have significantly changed since the initial order was issued.
Do you need a divorce modification? Contact the Law Office of Bryan Fagan, PLLC today to get assistance from a professional San Antonio attorney.
