Modifications
Can you change court orders related to divorce?
At the time of a final divorce decree, the orders for child custody, support and spousal support were satisfactory and perhaps also considered the future. However, circumstances change, and sometimes substantially. As a result, the initial orders issued during divorce might no longer be appropriate. Modification is the legal process used to address current needs by modifying an existing court order.
What types of changes might require modification?
When a parent loses a job, gets a demotion or gets promoted, finances can change dramatically. If a parent leaves their current job for a different position, this can also affect their income. Obtaining a new job might require relocation, which can influence custody and visitation. It might also affect which parent the child will live with most of the time.
What does “a material or substantial change in circumstances” mean?
A material or substantial change in circumstances deeply affects the lives of the parents and the children. For the court to consider modifying an order, there must be a significant change in circumstances. The change could be something that affects the child, finances or parenting arrangements. It might also affect spousal support. In many cases, courts require that you wait a year before modifying custody or support. However, courts will consider modifications prior to that if changes are drastic enough.
Examples of Material and Substantial Changes
Extreme financial loss due to job termination- A parent remarries
- A parent moves farther away
- Military deployment
- Drug or alcohol addiction
- Child abuse or neglect
- A parent’s criminal conviction including time in prison/jail
- Serious illness of a child or parent
- Death of a parent
Types of Orders Subject to Modification
Child Custody Orders
Custody arrangements may require modification. Perhaps the parent the child resided with most of the time is moving out of state. If the child would be happier remaining in their current neighborhood and school, then the other parent could take on those responsibilities. If one parent becomes severely ill or develops a substance abuse problem, they might no longer be fit to parent the child. The court could reduce their custody responsibilities to visitation or even require supervised visitation. Many changes in circumstances can arise that would require modifying custody orders.
Child Support Orders
Changes in custody could also result in child support modifications. For example, if one parent can no longer be the sole managing conservator, the other parent will take on more responsibilities. Let’s say circumstances change significantly. One parent’s role switches from having visitation to having the child reside with them in a 60/40 split. The other parent would then be responsible for paying child support. Also, a significant change in employment, such as a job loss, demotion, promotion, or a raise in salary due to acquiring a new job would warrant a child support modification.
Spousal Support Orders
In general, courts do not expect most spousal support arrangements to be permanent. Spousal support usually serves the purpose of assisting spouses in long-term marriages to get on their feet financially after divorce. Once the spouse receiving spousal support can adequately support themselves, spousal support typically ends. Remarriage is another reason that spousal support would end. If the spouse providing support loses their job, obtains a considerable salary increase or decrease or retires, these would also be substantial changes that justify spousal support modification.
What are the steps for modifying an existing order?
- File your request. When you file a request to change a court order, it begins the modification process. It’s wise to have an attorney file the request for you to ensure you meet the necessary legal requirements.
- Serve your ex-spouse. Your attorney will notify your ex-spouse by serving the modification papers. If the order is not contested, meaning your spouse agrees to the terms of change, you can proceed outside of court.
- Negotiate an agreement. If you and your ex can agree on how to modify the order, then you can reach a settlement. After you both sign the modification suit forms, your attorney submits them to the court for finalization.
- Take the matter to court. If your spouse contests the modification request, and you cannot negotiate a settlement, then you will have to take the matter to court.
- Finalize by default. If you serve your ex the modification order request, but there is no response and no appearance in court after being notified of the hearing, then the modification is enforced by default.
Arrange a Consultation
Let’s discuss your concerns about modifications and we’ll help you submit a request. We focus on protecting your rights and helping you do what is in your child or children’s best interest. You can rely on our knowledge and skills to obtain the best possible outcome on your behalf.
Call 940.566.0606 to schedule an appointment.
Reach out to us
DTX Family Law
525 S. Locust Street, Ste. 100
Denton Texas 76201
Phone: 940.566.0606