In many states, post-divorce payments between spouses are called ‘alimony.’ In Texas, those payments are ordered as ‘spousal maintenance’, and it can be an important financial issue for many families after a divorce. But life can bring unexpected changes, making the original maintenance order feel outdated or unfair. We often work with clients who need to adjust their alimony payments due to major life changes. Whether you are the one paying or receiving, it’s important to understand how Texas laws handle alimony modifications. Let’s discuss the legal requirements, who can qualify for a change, and how the process works so you’re fully informed.
Understanding Texas Alimony Laws
In Texas, alimony is referred to as “spousal maintenance,” and it is governed by Chapter 8 of the Texas Family Code. Spousal maintenance is designed to provide financial support to a spouse following a divorce—if that spouse meets certain criteria. However, this court-ordered support is not set in stone. Either payor or payee may seek to modify the order if there has been a “material and substantial change” in circumstances, as defined under Texas Family Code § 8.057.
What Constitutes A Material And Substantial Change?
The Texas Family Code requires a “material and substantial change” in circumstances to modify an existing spousal maintenance order. A material and substantial change can include factors such as:
- A significant decrease or increase in either party’s income.
- Changes in employment status, such as job loss or a demotion.
- The remarriage of the recipient.
- Significant changes in the health or disability status of either party—with a major exception.
- Major changes in the financial obligations of either party.
One must demonstrate this change to the court for a modification request to be successful. For instance, if you’ve experienced a job loss or a significant reduction in income as the paying party, you may petition the court to lower your alimony payments. On the other hand, if you are the recipient and your ex-spouse has seen a substantial increase in income, you may seek to raise the payment amount.
Note, however, that it is NOT a material and substantial change to establish spousal maintenance if a recipient party becomes disabled following divorce.
Filing For A Modification In Texas
The first step in modifying spousal maintenance is to file a petition with the court that issued the original order. Texas law only permits the court to review changes that happened after the original order was made. Our attorneys suggest that you maintain records of your finances, employment, and any other details that could impact your case.
Also, it is important to remember that until the court approves the modification, you must continue making the alimony payments as already ordered. If you stop paying, you could face legal consequences like wage garnishment or being held in contempt of court.
Legal Ramifications Of Modifying Alimony
Altering spousal maintenance payments can have significant legal and financial ramifications for both parties. If you are the payor, modifying your payments without following the legal process can lead to an enforcement action, leading to consequences such as wage garnishment or even jail time. Similarly, if you are the recipient and believe you are entitled to more support, you should act promptly to secure the financial assistance you need.
Furthermore, if a recipient ex-spouse has remarried, this could serve as grounds to terminate alimony payments altogether under Texas Family Code § 8.056. It’s crucial to consult with an experienced attorney who can evaluate your situation and guide you through the legal process.
Frequently Asked Questions About Alimony Modifications In Texas
What Qualifies As A Material And Substantial Change?
A material and substantial change includes significant alterations in either party’s income, employment status, health, remarriage of the recipient, or other financial obligations. You must present evidence of these changes to the court.
Can Alimony Be Terminated In Texas?
Yes, alimony can be terminated under certain circumstances. The most common reason for termination is the remarriage of the recipient, as outlined in Texas Family Code § 8.056. Additionally, alimony may be terminated if the paying spouse can prove that the recipient is now cohabitating with a new partner in a permanent, marriage-like relationship.
How Long Does The Alimony Modification Process Take?
The length of the modification process can vary depending on the complexity of the case, the court’s schedule, and the cooperation of both parties. On average, it may take several months from the time the petition is filed to the court’s decision. Working with an experienced attorney can help expedite the process.
Can Parties Agree to Modify Maintenance Payments?
Yes! Parties are free to agree to modify existing payments that were previously ordered. In a suit where maintenance payments are being established, parties can agree to make the amounts, duration, termination factors, and other details into something different from what a court might order.
Call Our Alimony Modification Attorney In Dallas For Exceptional Representation
If you believe your circumstances warrant a modification to your spousal maintenance order, our team at Orsinger, Nelson, Downing & Anderson is ready to help. We provide detailed consultations to discuss your legal options and determine the best course of action. With our office locations in Dallas, Frisco, and San Antonio, Texas, we are well-equipped to represent clients across the state. Contact our alimony modification attorney in Dallas at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation