Sometimes, after an order is final, people find that the terms of their final order (either divorce decree or final SAPCR) are either no longer applicable or circumstances in their life, the child’s life, or their spouse’s life have changed to a point they want to modify their divorce decree. The law allows for parties to modify their divorce decree. However, it is important to have an attorney to navigate the complexities of a modification case. If you’re wanting to modify your final order you should consult with an attorney.
The Texas Family Code provides an avenue for the Court to modify an order regarding conservatorship of a child, rights and duties of a conservator, or the possession schedule of a child if 1) It is in the best interest of the child, AND 2) the circumstances of the child or conservator have “materially and substantially changed.” Tex. Fam. Code §156.101(a)–(b). A “material and substantial change in circumstances” could mean: the noncustodial parent's income has increased or decreased; the noncustodial parent is legally responsible for additional children; the child's medical insurance coverage has changed; or the child is now living with a different parent.
There are also avenues to have support or alimony order modified. In Texas, a child support order is only eligible for modification if one (or more) of the following applies:
A modification begins with the filing of a petition to modify the prior order. A modification proceeding generally follows the process for any other suit, including service of process, time to answer, and right to trial if an agreement cannot be reached.
For over ten years our office has striven to provide the highest quality service together with relentless representation in court. Attorney Aaron Weinmann has what it takes to get the results that you need and will work together on your case from start to finish. Contact our office today to schedule your consultation SCHEDULING TOOL.
For over ten years our office has striven to provide the highest quality service together with relentless representation in court. Attorney Aaron Weinmann has what it takes to get the results that you need and will work together on your case from start to finish.