Modification of Spousal Support
In a significant portion of divorce cases, it’s not uncommon for changes to occur regarding the personal, professional, and/or financial circumstances of one or both parties. When a divorce is finalized, the judge issues a number of orders when it comes to dissolving the marriage. Divorce decrees typically cannot be modified, but sometimes there can be changes made to the existing child support, child custody, or spousal support agreement.
Navigating through all of these changes can be stressful and this is why it’s important to seek the help of experienced attorney. Our Texas family attorneys at The Gracia Law Firm, P.C. to are always prepared to review new modification cases. Contact us today to significantly increase your chances of obtaining spousal support modification.
Texas Modifications Attorney in Brownsville
At The Gracia Law Firm, P.C. , our Texas modifications attorneys have decades of experience representing clients in an effort to modify their court orders. Modifying spousal support may be a hard process, so that is why it’s highly advised that you seek legal representation. Our attorneys understand the conflict that comes with divorce and want to do all we can to help you achieve the best possible outcome.
The attorneys at The Gracia Law Firm, P.C. are dedicated to your family law case. We practice in Brownsville, Texas and surrounding cities including Houston, Harlingen, and San Benito. Our skilled attorneys also represent clients in Cameron County, Hidalgo County, and Willacy County. Give us a call today at 956-504-2211 to schedule an initial consultation free of charge.
- What is Spousal Support?
- Qualifying for Spousal Support in Texas
- How to Modify a Child or Spousal Support Order in Texas
- Additional Resources
What is Spousal Support?
In Texas, when filing for divorce, one of the parties might request spousal maintenance, also known as spousal support or alimony. Spousal support is intended to ensure that the other party is able to provide for their basic needs and maintain their lifestyle after the divorce is established. For example, they may need to pay for car payments and rent/mortgage and without their spouse’s income will no longer be able to make those payments. Regardless of how the funds are used, spousal support is an important issue to finalize once a final decree is established.
Spousal support falls into two categories: short-term support and long-term (or permanent) support. Long-term, or permanent support, may be granted for marriages that generally lasted more than ten years. This type of support only applies if the judge concludes that the dependent spouse will not go back to work and will need economic support for an extended period of time. Short-term support, on the other hand, is when judges define the marriage as having been quite short. Short-term support typically lasts a few years.
Qualifying for Spousal Support in Texas
Under Texas law, a court can determine that a spouse is eligible to receive spousal support based on several relevant factors. Those factors include:
- Each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;
- The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
- The duration of the marriage;
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
- The effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
- Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
- The contribution by one spouse to the education, training, or increased earning power of the other spouse;
- The property brought to the marriage by either spouse;
- The contribution of a spouse as homemaker;
- Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
- Any history or pattern of family violence, as defined by Section 71.004.
How to Modify a Child or Spousal Support Order in Texas
A child support order may be modified under certain conditions. Courts generally modify spousal and child support cases if the individual filing the case can demonstrate that:
- They experienced a significant change such as marrying another person or losing their job
- They need more money than they are currently receiving
- The current spousal support arrangement has not been altered within the last three years
- If child support is in place, the court will determine where the current order acts in the child’s best interest before making the final call
Texas Laws on Spousal Support – Visit Texas Penal Code Chapter 8 regarding spousal maintenance after divorce. See how certain terms are defined such as maintenance, oblige, and obligor. Visit the site to also learn about the factors that make a person eligible for spousal maintenance.
Association of Family and Conciliation Courts – Visit the Association of Family and Conciliation Courts (AFCC) website to view valuable resources on divorce. AFCC is the premier interdisciplinary and international association of professionals dedicated to the resolution of family conflict. On the webpage, you’ll find FAQS parents ask about divorce, a guide for joint custody and more.
Texas Alimony Modifications Lawyer in Cameron County
Our alimony modification lawyers hold a reputable background navigating the Texas criminal and family courts on behalf of clients. If you need help modifying an alimony award, or opposing the modification of an alimony award, we can provide the experienced legal representation you require. The Gracia Law Firm, P.C. will review your case and find the best possible strategy.
We defend clients in Brownsville, Texas and nearby cities including Harlingen, Houston and San Benito. Our attorneys also represent individuals in Cameron County, Hidalgo County, and Willacy County. Call us for a consultation free of charge at 956-504-2211 today.