Changing Divorce Orders in Texas

 Posted on May 05, 2016 in Divorce

Most people relocate twelve times during their adult lifetimes, with a majority of these moves prompted by job changes and coming before age 45. Since many people in this age group have young children, modification of existing divorce or family law orders is often necessary. This is especially true in Texas, because of the vast distances between communities, at least in most parts of the state.

Some people put off modifications in these instances, preferring to rely on the "mutual agreement" provision in the Standard Possession Order. Such an agreement does not replace a complex child custody proceeding, but it does make the process somewhat more straightforward.

Custody/Visitation Modification

If a change in the children's primary residence is requested within one year of the prior order, the petitioner must include an affidavit detailing either the other party's voluntary relinquishment of custody for at least six months or danger to the children's physical health and/or emotional development. A petition may be based on:

• Material and substantial change in circumstances;
• The preference of children who are at least 12; or
• Voluntary relinquishment of at least six months.

The order may also be modified based on a family violence or child abuse conviction. Any requested modification must also be in the best interest of the children.

Child Support Modification

The statute uses the same material-and-substantial change language, but adds that a change is automatic if the petitioner's support payment would be at least 20 percent or $100 lower. A three-year waiting period applies if the 20 percent/$100 rule is invoked.

A new spouse's net resources cannot be the basis for an increase in child support, under the theory that a stepparent has no legal obligation to support stepchildren. Similarly, a change in "lifestyle" does not warrant an increase in child support.

Spousal Support Modification

Maintenance may be modified based on a material and substantial change in the circumstances that were included in the underlying high asset divorce, such as the relative health of the parties or the ability of the obligee spouse to meet minimum reasonable needs. A subsequent disability or job loss is not grounds for the imposition of a maintenance order.

When significant life changes occur, contact an aggressive Round Rock high asset divorce lawyer. Call Powers Kerr & Rashidi, PLLC at 512.610.6199 today. Mr. Powers is a Board Certified family law expert.

Sources:

https://www.census.gov/hhes/migration/about/cal-mig-exp.html

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.156.htm

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm