If you wish to modify child custody (conservatorship or possession), you must prove that the change is in the child’s best interests. Courts may consider modifications if:

• The custodial parent has become unfit (due to substance abuse, neglect, or other factors)
• The child’s needs have changed significantly.
• The child, if 12 years or older, expresses a preference for a different arrangement.
• Other material and substantial changes with a parent or child, which necessitate revisiting the question of what is in the child’s best interests.

Child support modifications may be granted if:

• Three years have passed since the last order, and the new calculation under Texas guidelines would result in a difference of at least 20% or $100 per month.
• There has been a substantial change in either parent’s financial situation.

To modify spousal maintenance (alimony), the requesting party must show that circumstances have substantially changed. A modification may be granted if:

• The paying spouse’s income has decreased due to job loss or health issues.
• The receiving spouse has remarried or is cohabitating with a new partner.
• The financial needs of the receiving spouse have changed.

Generally, Texas courts do not allow modifications to the division of marital property once a divorce decree is finalized. However, certain circumstances may warrant legal action, such as:

• Discovery of hidden or undisclosed assets at the time of the divorce.
• Fraud, coercion, or duress influencing the original property division order.
• Mistakes in the property division which require correction by the court.  This type of mistake can include accidentally leaving out a piece of property in the division of assets, so a particular piece of property, financial account, or other asset was not awarded to either party in the divorce decree.  The Texas Family Code provides statutory parameters for post-divorce property questions.

If you believe your property division order was based on fraudulent or incorrect information, you may need to file a motion for relief or an appeal within a specific time frame.  These types of modifications require consultation with a family law attorney.

The Roadmap For A Modification

Generally, Texas courts do not allow modifications to the division of marital property once a divorce decree is finalized. However, certain circumstances may warrant legal action, such as:

• Discovery of hidden or undisclosed assets at the time of the divorce.
• Fraud, coercion, or duress influencing the original property division order.
• Mistakes in the property division which require correction by the court.  This type of mistake can include accidentally leaving out a piece of property in the division of assets, so a particular piece of property, financial account, or other asset was not awarded to either party in the divorce decree.  The Texas Family Code provides statutory parameters for post-divorce property questions.

If you believe your property division order was based on fraudulent or incorrect information, you may need to file a motion for relief or an appeal within a specific time frame.  These types of modifications require consultation with a family law attorney.

Our office is convenient to Corinth, Lewisville, Denton, Highland Village, Flower Mound, Lantana, Argyle, and Carrollton.  Please call to set an appointment to meet with one of our experienced family law attorneys at 940-591-6006.