How to modify the divorce regulatory agreement?



The rules that determine how spouses should handle themselves after separation or divorce are established in the regulatory agreement.

It is a document in which the parties agree, preferably by mutual agreement.

In this way, the rules are set under which they will participate in the matters that involve them both.

For example, the custody of the children they have in common, as well as their respective maintenance.

This type of agreement is not final in the strict sense of the word.

Under certain circumstances, the regulatory agreement may be modified, but with the help of a divorce lawyer in Houston.

This is because the causes that make this modification necessary must be demonstrated, since they affect the quality of life of the parents and the child.

Under what circumstances can a court order an amendment?

As we mentioned earlier, the court in charge can order that the regulation agreement be modified under certain conditions.

Next, we will explain what they are.


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1. For more than 6 months the children have lived in another county

One of the parties has the right to ask the court that issued the divorce and its regulatory agreement to transfer the administration and enforcement of the custody to a new county.

Now, as long as the father in charge and the children have lived there for more than 6 months. 

To adequately support the case and the necessary information, it is advisable to have the knowledge of a divorce lawyer.

2. There was a significant change in the parents’ financial situation

This section applies to both positive and negative changes.

It does not matter if the father stays with the children or not. If the economic situation of one of the parties improves markedly, the divorce attorney representing the other parent may request the competent court to review and increase the child support quota assigned to the children.

Similarly, one of the parents may request to modify the agreement related to child support if:

  • At least 3 years have passed since the divorce was decreed.
  • The maintenance fee must be increased by $ 100 dollars.

However, if the income of the father in charge of paying maintenance has decreased due to circumstances related to disability, dismissal or any other reason considered valid, the latter may request the court to verify the regulatory agreement.

3. One of the parties to the divorce decree proves that the custody and visitation provisions must be changed

For this to happen, some of these points must be met:

  • Both parents have custody of the child.
  • The circumstances of the child, like that of one or both parents, changed significantly.
  • The current regulatory agreement is unfeasible and both parties agree. 
  • The visiting parent is not notified of a change of address or of the inability to pick up the children.

4.Changes for the benefit of children

Shared custody can be modified, as long as:

  • The circumstances of the child change materially;
  • In case the modification is beneficial for the child;
  • The change protects the child from dangers, whether physical or affect their emotional development.

Remember that for these changes to be approved it is necessary for the divorce attorney in Houston to prove in court that the modifications are necessary and beneficial for the child’s life.

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