Can I Modify My Texas Divorce Decree? 

 Posted on January 11, 2023 in Divorce

A frustrating feature of many, if not most, Texas divorces is that neither spouse is typically thrilled with the outcome of the divorce decree. Finalizing a divorce requires reaching an agreement on complex topics and the potential for disagreement is high. While dissatisfaction alone is not a sufficient reason to modify your divorce decree, there are certain circumstances in which certain parts of your divorce decree may be changed to better suit your needs. If you are interested in changing your divorce decree, read this blog and then contact a Texas divorce modification attorney for help. 

Which Parts of a Divorce Decree Can Be Modified? 

Certain parts of your divorce decree cannot be changed at all, particularly the parts regarding the division of assets and debt. Unless there was a serious misapplication of Texas law or your spouse hid important facts or income, once a property settlement is finalized, it is done. Even in situations that justify a modification to the asset division, the appeal must be filed within a certain amount of time. 

Other parts of your divorce decree may be modified, however, and the most common modifications apply to alimony- and child-related matters. For example, child support payments are based on the non-custodial parent’s income. If that parent’s income goes up or down significantly, child support payments may be increased or decreased accordingly. Small changes are generally not enough to warrant a modification. 

Child custody issues are likewise frequently modified because of changed circumstances. For example, if a parent needs to move out of state for a new job, cannot meet the requirements of the current parenting plan because of an existing job, or demonstrates behaviors that make him or her unsafe to be around a child, a Suit Affecting the Parent-Child Relationship (SAPCR) can be filed to make changes in the custody plan. 

A third commonly modified part of a divorce decree is the part that deals with spousal support, also known as alimony. The change in the income of either spouse can modify spousal support payments, and so can the remarriage or cohabitation of the receiving spouse. 

Whatever modification you seek, it is important to remain in full compliance with your current divorce decree until the modification is approved. Failure to do so can put you at risk of being held in contempt of court, receiving fines and other sanctions, and even facing jail time. Let an attorney help you make the changes you seek, and you will be sure to stay on the right side of the law. 

Schedule a Free Consultation with a Harris County Divorce Modification Lawyer

When circumstances change, you need representation from the experienced, friendly family law attorneys with The Cusic Law Firm, P.C. to ensure you get the best chance of modifying your divorce decree in a way that benefits you. To begin exploring your options, contact our office today at 713-650-1866 and schedule a free, confidential consultation with one of our Houston, TX divorce modification attorneys. 

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm