When a Final Decree of Divorce where children were involved or a Final SAPCR Order becomes unworkable or the needs of the parties have changed, the Texas Family Code provides a procedure called a modification. A modification allows for the case to be reopened and the Order changed to better accommodate the current needs of the parties. Typically an Order is modified when there needs to be a change to the amount of child support paid or received or when the child custody arrangement is no longer in the best interest of the child.
Child Support Modification
In Texas, child support is calculated based on the earnings of the parent paying child support. A variety of factors including the number of minor children before the court, the cost of health insurance, and any special needs of the child affect what this amount is calculated to be. Child support can be increased or decreased based on the material or substantial change that has taken place.
Child Custody Modification
When child custody is being modified, there