• Home
  • Firm Overview
    ▼
    • My Practice
    • Professional History
    • Memberships, Activities, Recognition
  • Practice Areas
    ▼
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Parenting Rights
    • Probate, Wills, Trusts & Estate Planning
  • FAQs
    ▼
    • Just Been Served Papers? Now What?
    • Child Support FAQs
    • How Long Does It Take To Get A Divorce?
    • Is There Such a Thing as Legal Separation?
  • Blog
  • Contact Us

Paula Lock Smyth

Dallas Family Law & Divorce Attorney

  • Home
  • Firm Overview
    • My Practice
    • Professional History
    • Memberships, Activities, Recognition
  • Practice Areas
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Parenting Rights
    • Probate, Wills, Trusts & Estate Planning
  • FAQs
    • Just Been Served Papers? Now What?
    • Child Support FAQs
    • How Long Does It Take To Get A Divorce?
    • Is There Such a Thing as Legal Separation?
  • Blog
  • Contact Us
You are here: Home / Blog / Can I Modify My Divorce Settlement?

Can I Modify My Divorce Settlement?

October 31, 2022 By Paula Lock Smyth

Divorcing couples often ask if they will later be able to modify the terms of their settlement agreement. The answer is not an easy one and is both yes and no, depending on what portion or portions of the order the person wants to modify.

Petition to Modify

Only the court can issue an order modifying the terms of a divorce decree. If you need a modification, you must file a petition with the court requesting a modification and detailing the terms of the modification. There must be some change in circumstances since the order was issued for the court to revisit and modify the original order.

Some common orders that people request to have modified include:

Divorce Settlement
  • Modification of child custody (conservatorship) orders.
  • Modification of child visitation (possession and access) orders.
  • Modification of child support order.
  • Modification of spousal support order.

Even if you and the children’s other parent agree to the terms of the modification, you must file a petition for the court to issue a new order modifying the original order. The procedure is abbreviated, and an agreed modified order can be submitted; however, if there is no new signed order, it is not enforceable.

Requesting a Modification

The legal basis for requesting a modification is: 1) there has been a material and substantial change in circumstances since the original order; and 2) the requested modification is in the child’s best interest.

Change in circumstances. A material and substantial change in the circumstances of the children or the conservator since the original order is not always easy to prove. Examples of a change may include:

  • The parent has moved which makes the current possession and access order unworkable.
  • Children 12 years and older have expressed a desire for a different primary conservator.
  • A parent paying child support has either had a reduction or increase in pay such that the support payment needs to be adjusted.

Every three years. The Family Code provides for a child support order to be reviewed every three years. These modification requests generally come from the Attorney General’s Office.

If an emergency requires an immediate change, the petitioner can request an immediate restraining order that will be put in place while the court considers the modification request.

You Cannot Modify the Property Division

One aspect of the settlement agreement that cannot be later modified under any circumstances is the agreement or court order about the property division.

For More Information About Divorce Contact an Experienced Dallas Family Law Attorney

To schedule a free initial consultation with a Dallas Family Law Attorney, contact Paula Lock Smyth Law Offices at 214-420-1800.

Filed Under: Blog, Collaborative Divorce, Divorce Tagged With: collaborative law, Divorce Settlement, Modifications, property division

Paula Lock Smyth Law Offices

2911 Turtle Creek Blvd. Ste. 300
Dallas, Texas 75219

Phone: 214-420-1800
Fax: 214-420-1801

Find what you need…

Additional Videos

VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text
VIDEO Title 1 Placeholder Text

Contact Us

From the Blog

When is it Too Late to Save a Marriage?

When is it Too Late to Save a Marriage?

Nearly half of all American couples give up on their marriage.  According to the American … [Read More...]

Paula Lock Smyth Law Offices

2911 Turtle Creek Blvd. Ste. 300
Dallas, Texas 75219

Phone: 214-420-1800
Fax: 214-420-1801

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • LinkedIn
  • Twitter

Copyright © 2023 · by Paula Lock Smyth Law Offices. All rights reserved.

· · ·

Website Design by The Crouch Group

Log in