Legal Question in Family Law in Texas

Re: Divorce decree obligation

Yes, you can modify the Nevada divorce decree. That can be done in the State of Texas since all parties now reside in this State. To modify a decree requires proof that the circumstances of a party (either of the former spouses or the child) involved have materially and substantially changed since the previous decree or modification. There may be alternate bases for modifications depending on your facts. That modification can be filed in the Texas courts assuming you have been a resident of this state for 6 months and lived in the county where filing occurs at least 90 days. You should continue to pay child support until a court tells you that you no longer have to do so or until the decree, by its terms, extinguishes that obligation (i.e., from the facts given, when your child reaches age 21).

I would be happy to consult with you further regarding this matter. You may visit my website at www.theaustinlawyer.com to learn more about our firm.

Re: Divorce decree obligation

I don't know Nevada law, or if they have had a retroactive change in the law that would apply to you.

In Texas, however, the foreign Nevada decree can be registered and enforced here, but the Texas court will not modify the provision from 21 to 18. If courts did that, it would be akin to forum shopping.

Instead, you might want to inquire of Nevada attorneys if there has been any change since 1991 that would be applicable to your situation.