24 Oct New Year, New Decree: A Guide to Post-Divorce Modifications in Texas
Once your divorce is final, your divorce decree becomes the governing document for your family. It outlines custody, visitation, and support obligations. But life changes. A job loss, a promotion, or a shift in your child’s living arrangements can make those old rules unfair or unworkable.
When that happens, you must return to court and ask a judge to update the order, a process called a modification. In Texas, a judge will only approve changes if you can prove that a material and substantial change has occurred and that the new arrangement serves the best interests of the child. Working with an experienced Texas family law attorney ensures your modification request is handled correctly and protects your family’s future.
1. Don’t Stop Payments Until the Judge Signs a New Order
Your divorce decree is a binding court order, not a suggestion. That means even if you lose your job or face financial hardship, you must continue following the order, including making full child support payments, until a judge officially changes it.
Many parents make a costly mistake by stopping payments early, assuming the court will “understand later.” Unfortunately, this can lead to enforcement actions, where the court forces compliance and collects back support.
It’s important to understand the difference:
- Enforcement: The court compels a parent to comply with the existing order and pay the amount owed.
- Modification: The court changes the order moving forward based on new circumstances.
If your situation has changed, file for modification as soon as possible. The sooner you start, the sooner your new payment amount can take effect.
2. The Two Requirements for Changing a Divorce Decree
In Texas, you can’t change your decree just because you want to. A judge must see two key elements before granting a modification.
1. A Material and Substantial Change
You must show that something significant has changed since the last order, something that truly alters your family’s circumstances. Examples include:
- Income Changes: A major, long-term raise or job loss that substantially impacts earnings.
- Change in Living Arrangements: Your child now lives primarily with the other parent.
- New Needs of the Child: A newly diagnosed medical condition or special need that wasn’t part of the original plan.
Smaller shifts, such as a minor rent increase or a short-term job change, won’t meet this standard.
2. The Best Interest of the Child
Even if a big change occurred, the judge must believe the modification benefits your child. For example, if the parent receiving support gets a higher-paying job, reducing the other parent’s payment may be fair and still meet the child’s needs. The court’s guiding principle is always what’s best for the child, not either parent.
3. What Can Be Modified in a Divorce Decree?
The two most commonly modified sections of a decree in Texas family courts are child support and custody/visitation.
Child and Medical Support
If your income changes significantly, a modification of child support may be warranted. Timing is critical; new payment amounts only apply from the date you file your petition, not from the date your circumstances changed.
Medical support can also be modified. If a parent loses their job and the insurance that covers the child, the court may require the other parent to obtain coverage or pay additional costs to support the child.
Custody and Visitation
After the holidays, many parents realize their existing schedule no longer works.
- Change in Custody: You may request to become the primary conservator if you can prove the current arrangement no longer supports the child’s best interests.
- 50/50 Schedules: Some families opt for a shared custody plan. While Texas allows this, you must show that it truly benefits the child, considering the distance between homes, school routines, and both parents’ work schedules.
4. The Modification Process in Tarrant County
When you need to change your decree, the process typically follows these steps:
Step 1: Filing the Petition
Your attorney files a Petition to Modify the Parent-Child Relationship with the Tarrant County court in Fort Worth. This document explains what you want changed and why.
Step 2: Service and Response
The other parent is formally served with notice of your filing and must submit an answer to acknowledge receipt.
Step 3: Mediation
If you can’t agree immediately, the court will likely require mediation—a meeting with a neutral third party to help both parents find common ground. Most cases settle here, saving time and stress. Once an agreement is reached, your attorney prepares the new order for the judge’s signature.
Step 4: Hearing or Trial
If no agreement is reached, the case moves to a final hearing or trial, where both sides present evidence. The judge then decides whether the modification meets Texas legal standards and is in the child’s best interest.
Having an attorney who is highly experienced in Texas Family Law can make a significant difference at this stage; they understand local rules and how judges typically rule in these situations.
5. Updating Your Legal Documents After a Modification
When your new decree is signed, you’ll have a clearer, updated plan for your family—but don’t stop there. You should also review and update related legal and financial documents to reflect the changes:
- Wills and Trusts: Ensure your listed beneficiaries align with your current family structure.
- Insurance Policies: Update your life insurance beneficiaries to match your new plan.
- Retirement Accounts: Adjust your 401(k), IRA, and pension beneficiary forms.
These updates ensure consistency and prevent future disputes. The goal of modification is long-term stability for you, your children, and your finances.
Ready to Modify Your Divorce Decree?
If your circumstances have changed or your current order no longer fits your family’s needs, don’t wait. Contact N Family Law today!