Reasons To Change a Texas Court Order

 Posted on January 31, 2024 in Family Law

Divorce cases concern multiple matters that are all finalized with court orders, regardless if done through mediation or litigation. These matters can include spousal maintenance, child conservatorship and placement, and property division. Sometimes things happen after a court order is entered that may warrant a modification to one of these orders. Modifications to court order decrees in Texas require ex-spouses to mutually agree on changes, a substantial change to a child or parent’s circumstances, or, regarding child support, a substantial change in child support guidelines. For help with the divorce process, be sure to speak to an experienced attorney.

Mutual Agreement

Relationships that remain amicable after a divorce can make it easier to modify court orders. Maintaining good communication, an open mind, and the willingness to compromise can allow both parties to come to a better understanding of each other’s needs long after the divorce is finalized. If both parties agree on modifying a court order, they can do so by filing a petition with the court. The court will confirm or deny the modification request depending on the circumstances surrounding the change.

Material or Substantial Changes

Many things can happen after a court order has been entered that may require a change to that order. The Texas court will look into the substantial or material change and decide if it does indeed warrant a modification to an original order. An example of a substantial change could be if one spouse legitimately loses their job and cannot pay the court-ordered amount of child support. Another example could be if one party becomes disabled and loses their capacity to earn as much as they once did and needs to reduce their spousal support payments. In either case, the obligor (person who pays) must continue to pay the court-ordered amount until a modification takes place. Failure to do so could create dire consequences, which include fines and possible jail time.

Special Guideline Changes For Child Support

So long as three years have passed since the original order was issued or last modified, the Texas court can review the current payment amount for child support. If the current amount differs by 20 percent or $100 per month from the child support guidelines at the time of review, the court may decide to adjust the payment amounts.

Contact a Tarrant County, TX Divorce Attorney

Whether through mutual agreement or substantial change, modifications to court orders are more easily accomplished with the help of an experienced Hurst, TX post-divorce modifications lawyer. Reach out to the office of Daniel R. Bacalis, P.C. by dialing 817-498-4105 today and receive a free consultation to discuss your legal needs.