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Modification of Divorce Decrees

Either party in a divorce decree may seek to change child support or custody in a prior decree.  The requirement to modify a decree is to show a material, substantial, and continuing change of circumstances.  The burden to prove this test is upon the person who desires to change the decree.  Circumstances that would necessitate a modification include moving to another state, significant changes in income, and problems relating to the care of the children.  Modifications of final decrees of divorce are not simple and may become very difficult challenges to accomplish.  It is best to have child support and custody confirmed in the final decree from the beginning.  However, although more difficult to change after, it is a challenge to pursue.  It is highly recommended to hire a qualified attorney to handle the modification of the decree.

Custody terms are binding, yes, but it is still possible to petition for a change of the final decree of divorce.  In many states and in Texas, this is considered a “modification” of the final decree of divorce.  The determining factor that must be proven by the challenging party or the “movant” is a ‘material and substantial change’ in circumstances since the date of the prior order.  Even if there is a change in income or other circumstance which is grounds for modifying a petition, a Court will not order the change unless there is a showing of a substantial or significant change in circumstances.  Usually, this is to not allow a repetition of the first trial or to subject all parties to the Court system once again.  States generally require six months after the decree is signed by the judge before a party may petition for a modification of the decree.  Even more so, some Courts make the burden of proof on the movant much higher if the petition is filed within only one year of the prior decree.

Once the petition is filed, the movant’s behavior as a parent is extremely crucial to winning this fight and is under scrutiny.  The movant must strive to be the best parent which includes:taking much interest and being active in the child(ren’s) school activities, school projects, after-school activities, sports, family and friend activities, supportive and thoughtful of college goals and other future goals, being on time with any child support payments, not missing any designated custody and visitation periods, getting the child(ren) to school and other activities on time, etc. All such efforts should be heavily documented through pictures, written records, and witnesses.  This model behavior is critical in order to increase the possibility of achieving the modification.  A Court will use this behavior to make a determination of the modification.  Additionally, if the movant does not use this model behavior as solid proof for the Court, the other parent will use any other behavior to prove their argument against you.  Thus, if the movant does not strive to carry this model behavior, it will damage the efforts. It is critical to continue to have model behavior and document every step.  It is best to seek a qualified attorney to handle modifications of divorce decrees.