Life After Divorce: When Post-Divorce Modifications Become Necessary

Did you previously finalize a divorce in Houston or elsewhere in Southeast Texas? If you or your former spouse has any post-divorce obligations, it is possible that a modification could be required. At Thornton Esquire Law Group, PLLC, we handle the full range of family law modifications, including spousal support, child support, and child custody. Our Houston divorce attorney can help you through post-divorce modifications in Texas. 

What is a Post Divorce Modification?

Broadly speaking, a post-divorce modification is a change to an ongoing family law obligation that remains after the marriage was finalized. As a general matter, Texas courts require a formal petition to modify these types of responsibilities. In other words, neither party can unilaterally alter ongoing duties. Further, an informal change could lead to serious problems. Any deviation without judicial approval could lead to adverse action. A modification may be sought for: 

• Spousal Maintenance: Chapter 8 of the Texas Family Code governs spousal maintenance (spousal support). A court may modify the amount of maintenance upon proof of a material and substantial change in circumstances affecting either party. With that being said, Texas imposes strict statutory caps and durational limits on maintenance awards. A modification cannot exceed those limits. While spousal maintenance obligations terminate upon the remarriage of the obligee or upon proof that the obligee cohabits with a romantic partner in a permanent residence, a court order is still required. 
• Child Support: If a divorcing couple shares minor children, child support may be required as part of the divorce. Child support modifications fall under Chapter 156 of the Texas Family Code. A court may modify support if the circumstances of the child or a person affected by the order have materially and substantially changed. Texas also recognizes a “three-year/20 percent or $100” rule. If three years have passed since the prior order and the monthly support amount differs by either 20 percent or $100 from the guideline amount, modification may be appropriate even without other changes. 
• Child Custody and Visitation: Technically speaking, Texas does not use the term “custody.” Instead, it uses “conservatorship” for decision-making rights and duties, and “possession and access” for parenting time. Still, the concept is largely the same as in other states. Modifications to conservatorship or possession (child custody or visitation) require compliance with heightened statutory standards. In Texas, courts are required by law to put a priority on the best interests of the child. With that in mind, a court must evaluate whether the requested change materially improves the child’s welfare. 

Know the Standard for a Post-Divorce Modification in Texas

When a divorce is finalized in Houston or elsewhere in Southeast Texas, and there are ongoing family law obligations (spousal support, child support, child custody, etc), courts assume that the original order is appropriate. With that in mind, Texas courts do not grant modifications lightly. The controlling legal standard requires proof of a “material and substantial change in circumstances” since the date of the prior order. The standard applies across all family law modification cases. 

A material and substantial change is a fact-intensive inquiry. Courts routinely consider events such as a significant increase or decrease in income, job loss, disability, remarriage, relocation, or changes in a child’s medical or educational needs. The specific situation always matters. For example, something like voluntary underemployment may not justify a reduction in support. If you have any questions about the standard, a Houston family modification lawyer can help. 

A Note On Procedure: The party who is seeking a family law modification is the one that bears the burden of proof. As noted previously, Texas law assumes an order from a divorce is appropriate. It is a rebuttable presumption, but it is a presumption nonetheless. A court will not revisit prior findings absent new evidence demonstrating changed circumstances. Relitigation of issues that were or could have been raised in the original proceeding is barred. The modification process is forward-looking. It is focused on present conditions and the likely future impact.

Two Paths to a Post-Divorce Modification

Post-divorce modification cases in Texas can be split into two broad categories: those in which both parties want a change, and those in which only one party does. Here is an overview of the implications: 

• Agreement: Parties may agree to modify terms, but the agreement must be formalized through a court order to be enforceable. Informal arrangements are not legally binding and do not protect against enforcement actions. Even when both parties agree, the court must independently determine that the modification complies with statutory requirements and, where applicable, serves the best interest of the child. Still, Texas courts give former spouses considerable deference to negotiate agreements. 
• Court Order: When parties cannot agree, a contested modification requires filing a petition to modify and litigating the issue before a Texas family court. The court that issued the original order typically retains continuing, exclusive jurisdiction. In these cases, the party seeking the modification will have to prove both that there was a material and substantial change in circumstances and that the modification that they want is appropriate. 

How Our Houston Post-Divorce Modification Lawyer Can Help

Divorce can be stressful. Still, there is always life after it. If you or your former spouse has any ongoing obligation (spousal support, child support, child custody, etc), the matter is not truly finalized until that responsibility expires. A modification of an ongoing post-divorce obligation may be required in a number of different circumstances. At Thornton Esquire Law Group, PLLC, we are committed to helping our clients navigate these complex issues. Your initial consultation with our Houston post-divorce modification lawyer is confidential and without obligation. 

Contact Our Houston, TX Divorce Attorney Today

At Thornton Esquire Law Group, PLLC, our Houston divorce lawyer is standing by, ready to protect your rights. If you have any questions about post-divorce modifications, please call us at (888) 378-1784 or contact us online today for a completely confidential consultation. We provide family law representation throughout Southeast Texas, including Harris County, Fort Bend County, Galveston County, Montgomery County, and Brazoria County.