Modification of Spousal Support

How to Modify your Spousal Support

Spousal maintenance may be granted by courts to parties who experience financial hardship following divorce proceedings. The maintenance can be awarded as a lump sum or on a short-term or long-term basis. Requests for modification of spousal maintenance usually occur in cases of long-term maintenance. The person obligated to pay and the person receiving support both have the right to seek an amendment to the maintenance award. However, the process and burden of proof remain the same, regardless of who files the petition for modification.

To seek a modification, the party must file a motion in the court that issued the original support order. The motion must be served on all parties affected by the order, who must file an answer. The court will conduct a hearing, during which evidence will be presented, and testimony will be heard from both parties to determine whether a modification should be granted. If the party seeking the modification can prove that there has been a substantial and material change in circumstances, the court will grant the motion.

A substantial and material change generally refers to an involuntary, significant, and ongoing change in circumstances. Examples of such changes include physical or mental health, employment skills or education, financial resources or income, or no longer being the primary caretaker of a child with a disability. However, the loss of employment or physical or mental disabilities that arise after the marriage is not grounds for instituting a spousal support obligation.

Terminating Spousal Support Under Texas Law

Under certain circumstances, a person who is ordered to pay maintenance may have grounds to terminate the obligation. Texas law provides that support obligations will cease upon the death or remarriage of the party receiving maintenance. However, any maintenance that was accrued prior to the recipient's death or remarriage must still be paid. It is important to note that the remarriage of the person obligated to pay maintenance does not constitute grounds for seeking a modification.

In addition, spousal maintenance may be terminated by the courts if the recipient begins living with a romantic partner. A hearing will be conducted to determine if the person receiving maintenance is cohabitating with a romantic or dating partner in a permanent location on an ongoing basis. If such a relationship is found to exist, the support obligation of the other party will be terminated.

Speak with an Experienced Divorce Attorney

Despite the courts' efforts to make just rulings on spousal maintenance obligations, circumstances may arise that make a prior ruling unjust and require a modification to the award. At Wilson Whitaker Rynell, our lawyers will work in favor of your best interest, advise of your rights, and help you achieve a favorable outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.