Is It Possible to Modify a Divorce Decree in Texas?

 Posted on February 22, 2024 in Divorce

One of the most difficult aspects of negotiating a divorce settlement is that you need to act as if you can predict the future. You generally go on the assumption that the conditions as they are will remain the same later on. However, conditions can always change. Someone unstable can go through therapy and work on themselves. Someone who has a lucrative career can get laid off and lose their income. Since things can change and have a significant impact on your future, it is reasonable that people who agreed to a divorce settlement might find later on that it no longer suits them. If you are interested in seeing whether modifications can be made to your divorce decree, a knowledgeable Houston, TX divorce lawyer can provide insight.

Can Any Part of a Divorce Decree Be Modified?

The short answer is no. Not all parts of a decree can be modified. The sections related to the division of marital assets and debts will need to remain as they are unless you discover that your ex was hiding assets or information or you can prove that the settlement was unjust according to the law.

However, there are certainly other parts of the divorce decree that can be modified. Some examples include:

• Child support: Since child support payments are calculated based on the paying parent’s income, significant changes to their income could justify a modification to the payments. 
• Custody: If parents share custody but one develops some issue that renders them incapable of properly caring for their children - serious physical or mental illness or drug addiction, for example - the other parent could appeal to the court to modify custodial arrangements. 
• Alimony: If one ex receives spousal support from the other and then gets remarried, they are no longer legally eligible to receive those payments. The paying ex can appeal to the court and will likely be granted permission to stop paying.

Regardless of how justified you think your request is, you must keep abiding by your original divorce decree until the court officially approves the modification. Otherwise, you might be held in contempt, fined, or even face jail time.

Schedule a Free Consultation with a Houston, TX Divorce Lawyer

If you believe it would be reasonable to make changes to your divorce decree, speak with an experienced Harris County, TX divorce decree modification attorney. At The Cusic Law Firm, P.C., we offer free consultations. Call us at 713-650-1866 so we can review your case and advise you on how to move forward.