The lives of parents and children are constantly changing, so it is no surprise that divorce orders may need to be modified from time to time, as well. In Texas, modifications of divorce orders are permitted if both parties mutually agree to modify the order, or if one party or a child has undergone material and substantial changes in his or her circumstances. If your circumstances have changed since your divorce and you wish to modify your divorce order, call us today at 979-258-6813 to speak with an experienced Harris County modification lawyer who will help protect your interests and fight for your rights.
Requesting a Modification
In Texas, only certain types of divorce decrees may be modified. Generally, any order relating to child support, child custody, or spousal support may be modified, but property division orders typically cannot be modified.
Unless both parties mutually agree to modify an order, there will need to be some material and substantial change in the circumstances of at least one party or a child. Although the Texas Family Code does not explicitly state what constitutes a material and substantial change, the following circumstances are most commonly seen in modification cases:
- Change in income level for one of the parents
- Change in work schedule
- Loss of employment
- Relocation
- Addition of children to one parent’s life
- Change in medical coverage
- Change in health conditions of a parent or child
- Change in living arrangements for the child
- Special needs for the child
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Courts will keep the best interest of the child in mind when considering any of the above factors that may apply. Because the modification will not take place until the court orders it (in other words, the modification does not date back to the date when the change in circumstances began), it is important to seek out a modification attorney as soon as possible after your circumstances change.
Preventing a Modification
When your ex-spouse requests a modification that you believe to be unfair, you may wish to try to prevent that modification from taking place. Preventing a modification can be a difficult task. Even though the burden of proof is on the person requesting the modification, you will need an aggressive defense against a strong modification case. While it is possible to represent yourself when defending against a modification request, you will most likely be disappointed in your results. For the best results, hire an experienced Harris County modification lawyer who can aggressively represent your interests in court.
What to do if You Need to Modify an Order
Call an experienced modification attorney to take a look at your case and help protect your interests. At Scott M. Brown & Associates, our Harris County family law lawyers have helped countless individuals modify their divorce orders as their circumstances and wishes change after a divorce proceeding. If you wish to modify an order from your divorce proceeding, contact us online or at 979-258-6813 today to schedule a confidential one-on-one consultation with an attorney.
