Despite the fact that many people may wish that their divorce turned out differently, divorce agreements are legally binding and generally unchangeable. You, therefore, are legally obligated to abide by the terms of your divorce decree unless or until modifications are accepted by the Texas family law court system. If you or your ex-spouse are considering whether or how to alter your divorce decree, here are a few things you should keep in mind.
According to LegalZoom.com, there are a limited number of circumstances under which family law courts will consider modifying the terms of an established divorce agreement. You or your ex-spouse would likely be prohibited from amending any portion of your property division settlement, for instance. However, you could be able to have the court reconsider child support, child custody and/or spousal support arrangements in many cases.
The court’s willingness to modify a legally binding divorce agreement can depend on several factors, but there must typically be evidence of a significant change in either you or your ex-spouse’s circumstances for such a request to be granted. For instance, you could petition to have your spousal support payments to your ex-husband or wife adjusted if you lost your job. Similarly, the terms of your child support agreement may be modified and/or enforced by the court if there is evidence that your child’s other parent is failing to meet his or her financial obligations.
In the event that you and your ex-husband or wife are in agreement that your divorce decree should be modified, you can present the court with your suggested changes for approval. If, however, either of you wish to maintain the terms of your original agreement, the proposed modifications may result in a court hearing. Given that every case is different, it is important to keep in mind that the information provided here may not apply to your particular divorce dispute.