What Steps are Involved in Modifying a Spousal Support (Alimony) Agreement in Texas?

Financial and/or emotional changes could affect the amount and/or duration of alimony payments.

A Texas court will modify the amount and/or duration of alimony payments if relevant circumstances have changed materially, permanently, and unexpectedly. Typically, these relevant circumstances are the obligee’s higher income or the obligor’s lower income. Other changed financial circumstances could include lottery winnings and other huge windfalls. Changed emotional circumstances could also lead to a modification of a spousal support (alimony) agreement in Texas.

Before and during modification procedures, both obligors (people paying spousal support) and obligees (spousal support recipients) have important legal rights. Only a Ft. Worth family law attorney can effectively uphold these rights. Furthermore, a lawyer looks beyond today’s court hearings and negotiation sessions and works for effective, long-lasting solutions that benefit your family tomorrow as well.

Eligibility

As a rule of thumb, a Ft. Worth family law attorney should evaluate alimony payments at least once a year to determine if modification may be appropriate.

We mentioned the three requirements for a financial or emotional-based alimony modification above. Now, let’s examine them closely.

Usually, a material financial change is a 10 percent higher or lower income. At the early stage, an attorney often examines lifestyle changes to determine income changes. If Sarah bought a larger house, Sarah’s income has probably increased. A remarriage, which legally terminates alimony payments, is considered a material emotional change.

A permanent financial change is a pattern of higher or lower income that usually lasts three months or more. Income peaks and valleys, especially if the person is self-employed, are not permanent changes. Emotionally, a permanent, marriage-like relationship could be the equivalent of a legal marriage for spousal support purposes. Factors to consider include the length of the relationship, cohabitation (if any), and joint major purchases.

The unexpected change is almost always financial and almost always involves the obligor’s retirement. Unless the obligor retires early and involuntarily, this income change usually is not unexpected.

On a related note, the financial change must include a good faith element. Obligors cannot quit their jobs to reduce their alimony obligations, and vice versa.

The Modification Process

If a Ft. Worth family law attorney determines that a modification may be appropriate, reaching out to the other ex-spouse is usually the first step in the modification process. The other ex-spouse probably will not immediately agree to a modification, but you do not know until you ask.

If the other spouse is opposed to the proposed amount but open to the idea of modification, pre-filing mediation is often worth a try. If a mediator stresses the three Cs of mediation (cost, civility, and control), the session often ends with an agreement. Most judges sign agreed motions to modify spousal support without holding hearings.

If the other spouse is closed to the idea, an attorney usually files legal paperwork. This filing has several effects. First, it triggers the discovery process. Both parties obtain financial records, like tax returns and income statements, that shore up their claims or defenses. Additionally, filing triggers the mediation process, as discussed above.

Post-filing mediation is different from pre-filing mediation. Court-supervised mediation includes a duty to negotiate in good faith. This duty isn’t quite like “you cannot leave this room until you make a deal,” but it is close.

Work With a Thorough Tarrant County Family Law Attorney

Alimony modification is almost inevitable at one time or another. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whittaker. The sooner you reach out to us, the sooner we start working for you.