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Texas Divorce Modifications: The Basics

Ideally, you will move forward past your divorce with no need for further involvement from the court, but this is not always the case. Our lives evolve, and modifications to your divorce decree are sometimes in order. If one or more of the terms of your divorce are no longer working for you – other than the division of your marital property, which is final unless there is fraud or another highly specific issue involved – it is time to reach out to an experienced Florence divorce attorney.

If You and Your Ex Are in Agreement

As your children grow and your post-divorce lives unfold, you might find that you and your ex are in agreement regarding a modification. If this is the case, you can hammer out a modification (with the guidance of your experienced divorce attorney) that the court is almost certain to accept. It is, however, important to make the modification official with the court to avoid problems down the line (if, for example, your ex changes his or her mind and decides to have the former terms legally enforced).

Material and Substantial Changes

In order for the court to consider your divorce modification, you will need to demonstrate that you have experienced a material and substantial change since the circumstances that guided your divorce. In other words, if you are looking for a small tweak in terms that is based on a minor life change you are experiencing, it will not warrant a modification. A more substantial change, however – such as being transferred across the country for your job – is likely to warrant careful consideration on the part of the court.

Child Support Modifications

Parents often request child support modifications, and the guidelines for these are more expansive. In addition to modifications that stem from a substantial change in circumstances, they may also be instigated by the following:

  • If it has been at least three since the child support was originally ordered or last modified

  • If the modified child support payment would differ by at least 20 percent – or $100 – from the current payments

If the original child support payments were not based on the state calculation guidelines (due to extenuating circumstances), however, the only way to modify them is if there is a material and substantial change involved.

Child Custody Modifications

Child custody arrangements are another common form of divorce modification (for which a material and substantial change is necessary). Some common changes that warrant modifications include:

  • A relocation related to employment or education

  • A child’s changing needs and/or preferences

  • A parent whose situation improves and leaves him or her better prepared to share custody

Read more about child custody: The 3 Child Custody Questions You Should Ask Your Divorce Lawyer

An Experienced Florence Divorce Attorney Can Help

Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Florence, Texas – is a resourceful divorce attorney with an impressive track record of successfully guiding cases like yours toward optimal outcomes. To learn more, please do not hesitate to contact or call us at 254-501-4040 today.

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