Divorce Modifications in Spring, Texas: Enlisting the Aid of a Local Attorney
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There may be times when the divorce decree you initially filed during your separation doesn’t unfold as expected. For instance, you might have agreed on child support payments to be made to your ex-spouse and children monthly. However, circumstances such as losing your job shortly after the divorce might necessitate a modification to reduce your child support obligations, preventing financial distress.
According to the Texas Family Code, specific rules must be followed to modify a person’s child support obligation, whether to increase or decrease it. Modifying the child support figure is justified if there’s a significant change in income due to a new job for the ex-spouse or a reduction in income due to employment changes.
Grounds for Child Support Modification
General Rules
- You must wait a minimum of three years from when the last order (either original or modified) was implemented.
- The revised child support amount should differ by at least 20% or $100 from the current monthly child support payment.
If these conditions don’t apply, you can still modify your child support order if you can demonstrate a substantial change in circumstances to the judge. Such changes may include:
- Job loss or significant pay raise
- Medical expenses
- Unexpected costs
- Pay cut
- Alterations in the child’s daily needs (school, medical, etc.)
- Changes in child custody
- If you need to relocate out of state, modifications to your child custody or visitation schedule may be needed.
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: How It Works?
It’s not as simple as making an informal arrangement with your ex-spouse to change your support figure. Modifying your divorce decree requires going through the court since it 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)
Presenting Evidence for a Modification
The courts won’t approve a modification merely upon request. You will need to file a lawsuit and provide evidence to support your case. You may need to explain why you require a modification and demonstrate how this change benefits all parties involved.
Most modifications occur due to changed circumstances. For example, one or both parents’ circumstances must have materially and substantially changed since the order was made.
