Alimony payments can provide you or your ex with the necessary financial support during the transition into independence after the divorce. When circumstances change, such as an increase in income or the removal of a disabling condition, you or your ex may want to change the terms of the original order. To do so, you must file paperwork and attend a hearing with the court that issued the first decree.
Instead of embarking on this process alone, consider partnering with a Frisco spousal support modification lawyer on our team. Our seasoned alimony attorney approaches matters in a way that seeks to empower clients and help them create practical and effective solutions.
Texas Family Code § 8.051 outlines some criteria someone must meet to qualify for spousal maintenance. Included in this list is if a spouse cannot support themselves because they devote considerable time to raising a child who has a significant disability. Likewise, if the marriage lasted 10 years or longer and the person cannot bring in enough income to provide for their basic needs, they might use this as a basis for requesting support. The spouse may need to continue meeting these requirements throughout the alimony agreement’s term.
After the original order or decree goes into effect, one or both spouses may be in a much different position than before. For example, a stay-at-home father whose children are now in school may have had time to earn a certificate and get a high-paying job to support himself and the children. Or a parent of a child with a disabling condition may find an affordable caregiver who can watch and care for the child while the parent participates in full-time employment.
In any of these situations, it may be necessary to modify the original order to reflect the spouses’ new circumstances. One spouse may no longer be eligible to receive support, or a decrease in the other spouse’s earnings may mean they pay more maintenance than the law allows. An alimony attorney in Frisco could provide personalized and knowledgeable guidance for someone initiating or responding to a modification lawsuit.
Under Texas Family Code § 8.057, either spouse may initiate a lawsuit to ask a judge to change the terms of the maintenance agreement. They might accomplish this by filing a motion with the court that gave the original order or approved the arrangement. The spouse can follow a similar process if they want to change something about the qualified domestic relations order—or QDRO, which changes ownership in a retirement account.
Once the person starts the modification process legally, the other spouse must review the documents and file a response. Typically, they have until the first Monday 20 days from when they were served with the paperwork, to submit this document. After receiving the required legal papers, the court in Frisco will ask both spouses and, if applicable, their alimony lawyers to participate in a modification hearing.
At this stage, the judge will ask each side to explain their arguments for or against changing the original maintenance agreement. For example, the spouse who makes the payments may point out that their ex got a new job and can support themselves now. At the end of the hearing, the court may decide to amend the support decree and what arrangement to follow going forward.
We understand that the courtroom process of changing alimony structures can feel overwhelming and confusing. We seek to empower our clients so they feel supported and grounded on this journey. Get in touch with a respected Frisco spousal support modification lawyer at our firm to discuss your legal needs in a free initial consultation.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
