What is the best way to make changes to your agreement after your divorce is final?

By Eric Higgins and Brian Loughmiller
January 29, 2015
 
TX FAQs/Divorce Law and Lawyers

"What is the best way to make changes to your agreement after your divorce is final? In what areas can you make changes?"

The first thing people need to realize is that there are things you cannot change in a divorce decree and those pertain primarily to property agreements. Under the Texas law, the court cannot modify a property agreement, but the court can modify issues related to child custody. For instance, they can modify child support by increasing or decreasing it, they can modify possession and access schedules, and they can modify the rights of parties in terms of who makes educational or medical decisions that affect the child. You want to know that so you don’t give up significant rights to achieve a result on the custody issues when negotiating with your spouse.

Parents who are focused on the child custody issues might be willing to give up part of a 401(k) or some other major asset in order to secure child custody. However, this is not advisable, because they could agree to that, get divorced, and a year later their ex-spouse could file a modification to decrease child support or modify custody or the possession schedule. In the new litigation, they can’t go back and say that they gave up property, because the court’s not going to care.

The important thing is to understand what you can modify.


Brian Loughmiller is a partner at the McKinney, Texas law firm of Loughmiller Higgins. Serving family law clients throughout North Texas and the DFW Metroplex area, Brian and his partner, Eric Higgins, have 47 years of combined trial experience. One of the top family lawyers in the state, Brian has been recognized as a Super Lawyer every year since 2005.

Eric Higgins is a family attorney serving residents of North Texas and the DFW Metroplex area who have family law concerns and divorce issues. Eric and his partner, Brian Loughmiller, have over 47 years of combined trial experience, which provides their firm with the experience necessary to guide divorcing clients through what can otherwise be a challenging and confusing process.

You can learn more about Loughmiller Higgins P.C. at www.familylitigation.com.

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January 29, 2015
Categories:  FAQs

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