Post-Decree Motion Proceedings in Texas
The Texas legislature and court system understand well that most of its original divorce decrees and related orders will require amendment at some time. For this reason, Texas post-decree motion proceeding laws[1] lay out specifically which decrees are eligible for enforcement or modification and under which circumstances courts will allow such motions.
Modification Requests Versus Enforcement Requests
In Texas, you can seek a modification of a divorce decree, custody agreement or other court order upon a substantial and material change in circumstances. For instance, the loss of a job or a parent’s relocation may affect support obligations or custody arrangements.
On the other hand, you may not need a change in your existing decree, but instead you may require that the other party to the decree is not living up to his or her requirements. Common examples include one party not paying alimony payments or not following the agreed-upon visitation schedule. In these situations, that party is in contempt of court and can face serious financial and potential criminal consequences. You can request that the court take steps to enforce the order, which can result in any range of actions such as wage garnishment or jail time.
Decrees Eligible for Enforcement or Modification Requests
Generally, any court decree providing any party with rights is eligible for a modification or enforcement request, including:
- Property division decrees
- Alimony / spousal maintenance decrees
- Child custody decrees
- Child support decrees
Get Answers to Common Post-Decree Proceeding Questions
- What are the basics surrounding modification orders?
- What are the grounds for modifying custody or conservatorship?
- What are the grounds for modifying child support orders?
- Who can file for modification of an order?
- Which courts have the authority to modify an order?
- How can I enforce a child custody order?
- How can I enforce a support order?
You may also review our post-decree proceedings legal terminology page to read definitions to common terms used during the modification and enforcement processes.
Seek Help to Get the Results You Require From Your Court Decree
If you find that the other party is not living up to his or her obligations under your court order, you can seek court assistance in enforcing compliance. Additionally, if your existing order is not working for one reason or another, you may be able to obtain a modification of that order. It follows, then, that understanding how and when to bring such requests is incredibly important. To ensure you have all the information you need to make an informed decision about how to move forward and how to make today the first day of the best half of your life, review the content provided here or call us at 972-353-4600 for guided assistance from a dedicated family law attorney.