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In Texas, in order to receive a modification of a divorce decree, the party must show a material and substantial change in circumstances of one or both of the parties or a child. Not every change in circumstances is sufficient to require a modification to an agreement or court order.
A divorce decree modification is possible when you can show your changed circumstances make it difficult to follow the decree. However, not everything in that decree is eligible for change. Discover some of the areas of your divorce decree that you may modify with the court's assistance.
The party seeking the change (known as the ?movant?) must show that a ?substantial change of circumstances? has occurred since the original order was handed down, and that modifying the order ing to the movant's wishes would be in the best interests of the children involved.
In Texas, divorce modifications will usually only be considered for those who have experienced a material and substantial change in circumstances. The most commonly modified orders in Texas are spousal support, child support, and child custody.
There are two ways to change an existing ruling in a divorce matter. The first is by filing a family court motion. The second is to appeal the original decision to a higher court. But caution should always be used because the divorce appeal process is both time-consuming and costly.