A divorce decree is written for the family as it was on the day the judge signed it. Families in New Braunfels and Comal County keep changing: a parent takes a new job in San Antonio or Austin, a child starts high school and wants more time with the other parent, someone remarries, or a paycheck goes up or down. Texas law lets parents update some parts of a decree when life changes, but not all parts. Our family law attorneys help clients figure out what can change, what cannot, and how to make the change stick.
What Can and Cannot Be Changed
| Part of the decree | Modifiable? | Notes |
|---|---|---|
| Conservatorship (rights and duties) | Yes | Material and substantial change plus best interest |
| Possession and access schedule | Yes | Same standard |
| Child support | Yes | Change in circumstances, or the three-year review test |
| Medical and dental support | Yes | Often reviewed with child support |
| Court-ordered spousal maintenance | Yes, in limited ways | Generally can be reduced or ended on a material and substantial change |
| Contractual alimony | Usually only as the agreement allows | Treated as a contract |
| Property division | No | Can be clarified and enforced, not redone |
| Name change in the decree | Not through modification | A separate name change is needed |
Modifying Custody and Visitation
In Texas, “custody” includes two parts: conservatorship, which covers rights and duties such as making school and medical decisions, and possession and access, which is the schedule.
The legal standard
Under Texas Family Code § 156.101, a court may modify conservatorship or possession if it is in the child’s best interest and:
- The circumstances of the child, a conservator or another party affected by the order have materially and substantially changed since the order; or
- The child is at least 12 and tells the court which parent he or she wants to have the right to designate primary residence; or
- The conservator with the right to designate primary residence has voluntarily left the child with someone else for at least six months (outside of military deployment).
Changes within one year
If you want to change who designates the child’s primary residence within one year of the last order, you must attach an affidavit with specific facts showing, for example, that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development (§ 156.102). Without it, the court will not set a hearing.
Common reasons parents seek changes
- A parent relocates, or wants to relocate, outside the geographic restriction. See relocation.
- A child’s needs change as the child grows, such as moving from a schedule for a child under three to a standard schedule.
- Safety concerns arise, such as substance use or family violence in a household.
- A parent has consistently not exercised the visitation the order allows, or has interfered with the other parent’s time.
More detail is on our custody modification page.
Modifying Child Support
Child support can be modified in two main ways under § 156.401:
- Material and substantial change. At any time, if circumstances have changed materially and substantially, such as a significant change in income, a job loss, or a change in the child’s needs.
- Three-year review. If at least three years have passed since the order was rendered or last modified, and the guideline amount now differs from the current order by 20% or $100, whichever applies.
A modification generally takes effect only from the date the other party is served, or later. That means you should not wait to file if your income has dropped. Past-due support cannot be reduced by the court. See child support modification for more.
Modifying Spousal Maintenance
Court-ordered maintenance under Chapter 8 of the Family Code can generally be reduced or ended on proof of a material and substantial change, and maintenance ends by law in certain situations, such as remarriage of the person receiving it. It generally cannot be increased beyond what the original order allowed. Contractual alimony is governed by the terms of the agreement. If your agreed decree says payments are contractual, read the alimony language closely before assuming it can be changed. See spousal maintenance.
Agreed Versus Contested Modifications
Agreed modifications are faster and less expensive. If you and your former spouse agree, we can prepare an agreed order for the court to sign, sometimes without a contested hearing. Even when you agree, the order must meet Texas requirements and include the right language for support, medical support and the schedule.
Contested modifications proceed much like a smaller version of a custody case. There may be temporary orders, mediation, discovery and a final hearing. Many Comal County cases are expected to try mediation before a final trial. See our mediation guide.
Where to File
A modification is generally filed in the court that made the existing order. If the child has lived in another county for the period the law requires, a party can ask to transfer the case there. For families who have moved between Comal, Guadalupe, Hays or Kendall counties since the divorce, or between New Braunfels and the Guadalupe County side of town, this step needs attention.
What to Bring to a Consultation
- Your decree and any later orders.
- Recent pay information for both parents if you have it.
- School records, report cards or attendance records if the child’s situation has changed.
- A calendar of actual visits if the schedule is in dispute.
- Messages that show the change you are describing.
Talk With a New Braunfels Family Law Attorney About a Modification
If your Comal County decree no longer fits your family’s life in New Braunfels or nearby, we can review it with you and explain what a court can and cannot change. Call (830) 302-4071 for a free consultation by phone, video or in person. Hablamos español.
Frequently Asked Questions
Can I modify the property division in my Texas divorce?
Generally no. Once the decree is final, the division of property is not modifiable. A court can clarify and enforce it, and in narrow situations a party can divide property that was never addressed, but the original division stays. See enforcing a divorce decree.
Can my ex and I just agree to change the schedule ourselves?
You can follow a different schedule by agreement, and many orders allow that. But an informal agreement is hard to enforce if things break down. Filing an agreed modification makes the change official.
Can contractual alimony be modified?
Contractual alimony in an agreed decree is treated as a contract, so it generally can be changed only as the agreement itself allows. Court-ordered spousal maintenance is different and can be modified on a material and substantial change in circumstances.
Where do I file a modification if I moved away from New Braunfels?
A modification is usually filed in the court that made the existing order, though the case can be transferred to the county where the child has lived for a set period. Ask before filing so the case starts in the right place.
How long after my divorce can I ask for a modification?
There is no fixed waiting period for most modifications based on a material and substantial change. A request to change who designates the child’s primary residence within one year of the order requires a supporting affidavit, and child support can be reviewed after three years under a separate test.
Last reviewed November 13, 2026. General information only, not legal advice.