Many divorced individuals either pay or receive spousal support after they end their marriage. However, sometimes a change in circumstances warrants an alteration to the previously ordered support amount. Whether you are paying or receiving spousal support, if you wish to have the payments adjusted or terminated, you may be able to request a legal modification.
What the Courts Consider
Texas courts will only consider making a change to a court-ordered spousal support payment if there is a valid reason. Some of the most common reasons to seek a modification are remarriage, cohabitation, or other types of significant life changes. If you or your spouse remarries or lives with someone else, the court sees this is a drastic financial change and will readjust the support payments accordingly. In cases of remarriage, support will be terminated immediately, whereas cohabitation must be proven to the court before payments can be legally ended.
If either individual experiences a significant change in income, such as a job loss or a substantial promotion, the court may also have reason to reconsider the current payments. Additionally, if either spouse experiences a serious medical or health change, goes to jail, or faces any other life-altering changes, the court may reconsider the support payments.
How To Seek a Modification
When you believe you have a valid reason to request a modification to your spousal support, the first thing you need to do is file a motion with the court that initially issued the alimony. The court will then review your case and determine whether or not there are grounds for a legal termination.
This process isn't always easy, which is why it is best to work with an experienced divorce attorney. If you need help adjusting your spousal support payments, or you wish to terminate payments, our Cleburne divorce attorney can help.