Houston Alimony Modification Lawyer

Helping Divorced Clients Get the Financial Support They Need

Most divorced people are unfamiliar with alimony modification, how it works, and what is necessary to ensure good results. These matters are crucial for divorced spouses whose finances depend on fair alimony agreements. Whether you are a paying spouse who needs to adjust spousal maintenance payments because of job loss or if you are a receiving spouse seeking maintenance to cover your needs, you should not confront this issue alone.

It is essential that you consult with a lawyer who can advise you of your options and legal rights and who will work to obtain a favorable outcome in your case. Texas attorney Matthew Horak at Horak Law has over ten years of experience in family law and can offer you skilled legal representation. We have helped countless clients through divorce proceedings, including adjustments of financial support such as child support and spousal support.

Don’t go it alone with so much at stake. Please schedule your first consultation with Matthew Horak of Horak Law by calling (713) 225-8000. Horak Law has offices in The Woodlands and Houston, but we accept clients throughout the State of Texas, including Fort Bend County, Brazoria County, Liberty County, Harris County, Galveston County, Liberty County, and Waller County, TX.

What Is Alimony?

Alimony, sometimes called “spousal maintenance” or “spousal support,” is (traditionally) money paid by a higher-earning spouse to a lower-earning spouse. Alimony’s historical purpose has been to help lower-earning spouses meet their financial needs until they can support themselves. However, modern interpretations of the purpose of spousal support are more flexible. It can, for example, be used to make up for an imbalance in the value of assets retained by one spouse in a divorce agreement.

Because Texas laws are broad and leave considerable room for argument, alimony remains one of the most heavily disputed issues during and after divorce. A substantial change in circumstances can result in a change to spousal maintenance payments. Texas law provides for modifications in many cases. For help getting the support payments you need or for legal counsel on how you should move forward, reach out to our knowledgeable spousal support lawyers right away.

What Are the Different Types of Alimony Under Texas Law?

There are several different ways spousal maintenance can be awarded in Texas. One is for a Texas court to mandate spousal support. Another option is to use a contract, also called contractual alimony. Furthermore, some spousal maintenance orders are temporary, while others may be permanent. A spouse seeking maintenance should understand their options so they know what to expect in a Texas court.

Spousal Maintenance by Court Order

Often, the court order provides terms for spousal maintenance. Texas spousal maintenance laws allow a judge to mandate how much spousal maintenance the receiving spouse needs to maintain a standard of living similar to that they enjoyed during the marriage. A fault-based divorce, such as one stemming from domestic violence or infidelity, may result in larger spousal maintenance payments. When the court orders the spousal maintenance, the paying spouse must comply, or they could face contempt of court fines.

Contractual Alimony

Contractual spousal support differs from court-order spousal maintenance because it is an arrangement entered willingly rather than forcefully. If one spouse breaks the arrangement, the other party can sue because of breach of contract. However, a spouse seeking maintenance cannot hold the other spouse in contempt if they fail to make spousal maintenance payments.

Temporary Spousal Maintenance in Texas

Temporary spousal maintenance takes place while the divorce proceedings are occurring. This helps relieve the burden on the parent who may be the primary caregiver to the children during the divorce. Having a spousal maintenance lawyer on your side can ensure you get the financial support you need. Your lawyer can also help with child support, child custody, property division, and other crucial aspects of your divorce.

Post-Divorce Spousal Support

Post-divorce spousal maintenance ensures the recipient spouse has sufficient income after the divorce. This type of alimony may or may not be permanent. In some cases, a spouse needs help while they get career training. In the case of a long-term marriage, when children have special needs, or when a spouse has a physical or mental disability, the former spouse may be required to make longer-term spousal maintenance payments.

What Are the Ways Alimony is Paid in Texas?

There are several ways to pay alimony. Typically, the paying spouse, or “obligor,” pays monthly payments over a period of years. A divorce decree outlines the monthly amount and amount of time that the obligor must pay the spouse receiving payments, or “obligee.”

Monthly Payments

Monthly spousal maintenance payments help the recipient spouse enjoy more financial stability. A spousal support order may require assistance for a set period of time while the dependent spouse gets proper training to be able to enter the workforce. However, sometimes, a paying spouse may want to avoid the burden of a monthly payment, in which case they may opt for a lump sum payment.

Lump-Sum Spousal Support

In some cases, the person paying alimony elects to make the payment all at once, otherwise known as a lump sum payment. This alleviates the burden of monthly Texas spousal maintenance payments and can reduce the overall alimony payment. However, there are some financial implications for this process, so it is crucial to speak with a lawyer who is familiar with the Texas family code before making any decisions regarding payment of spousal maintenance.

What Is the Process of Increasing, Decreasing, Suspending, Or Terminating Alimony Payments?

If, after the divorce decree becomes final, either spouse hopes to change the payment structure or the terms of a spousal support agreement, Texas law imposes several requirements on the spouse requesting the change. In alimony modifications, the obligor or obligee can file a motion and request the change.

The spouse requesting a modification must prove to a judge that there has been a material and substantial change in the circumstances of either party that justifies modifying the original order. Modifications to alimony include increases, decreases, termination, and, occasionally, a temporary suspension of monthly payments.

A material and substantial change in circumstances for either spouse may include:

• A new job/occupation with increased pay
• Job layoff or reduction in pay
• New and significant changes in a spouse’s health

For example, an obligor spouse who receives a severe medical diagnosis not present at the time of the divorce could be considered a changed circumstance. Perhaps the most common example includes obligee spouses who find new jobs that pay more. Similarly, a situation in which an obligee spouse obtains education or training in a profession that allows them to make more money can result in a reduction or termination of the obligor’s alimony payments.

How Can I Prove Changed Circumstances?

The spouse who wants to change or terminate payments must prove, by a preponderance of the evidence, the following:

1. A material and substantial change in circumstance has occurred since the divorce decree.
2. The identified change is a good enough reason to modify or terminate payments.

A “preponderance of the evidence” means that the change has likely occurred, and modifying the payments is the right decision based on the change. However, the spouse who has not requested the change can provide evidence to show that the change has not occurred, that the change is insignificant, or that a shift in the terms of the alimony agreement would have severe impacts on that spouse. Considering the above formula, both spouses must recognize that not all circumstantial evolutions are considered “changed circumstances” under the law, regardless of whether they are paying or receiving.

Common examples of situations that are unlikely to result in a “good enough” reason to modify existing alimony terms include:

• Economic downturn – Inflation and other forms of economic decline are rarely considered “a change in circumstances.” Even though an economic downturn can heavily impact personal finances, it is unlikely to serve as a reason to modify payments unless this shift uniquely and severely impacts a spouse. Job layoffs, a cut in hours or pay, or inability to find new employment in a reasonable amount of time can be convincing reasons why payments should increase, decrease, terminate, or be suspended.
• New partner or child – Learning of a new partner is unlikely to be a sufficient change in circumstance to modify alimony payments. These types of situations most often occur when an obligor spouse learns that the obligee spouse has a new partner. For example, if the obligor spouse knows that their ex is seeing someone new, that reason alone is unlikely to be a changed circumstance. However, Texas’s alimony statute contains language that identifies circumstances under which revealing that a new partner is now in the picture might serve as a changed circumstance.
• Divorce decree language that waives future alimony – Courts will review a divorce decree’s language when determining whether or how alimony can be modified. If, for example, a divorce decree states that neither spouse is entitled to alimony in the future, judges likely cannot grant new payment terms upon request. This is true even if there is a changed circumstance in either spouse’s life. Other times, a divorce decree might provide specific language that states when and how this form of support can be modified, and courts are generally bound to follow this language.

How Do Remarriage and Cohabitation Affect Spousal Maintenance in Texas?

If an obligee spouse remarries, it is presumed that the individuals in the marriage intend to support each other financially. In Texas, a remarriage automatically terminates alimony payments, and the obligor spouse does not need a court order to terminate them.

If the obligor spouse learns that the obligee spouse is living with a new partner, the obligor spouse can potentially use the cohabitation as proof of a changed circumstance. The obligor spouse must still file a motion and prove by a preponderance of the evidence that:

1. Cohabitation exists; and
2. Cohabitation is a changed circumstance that justifies the termination of payments.

An obligee spouse who moves in with another person is not necessarily a changed circumstance. For example, an ex-spouse who moves in with a friend or roommate to reduce living expenses is not necessarily cohabiting with that person. However, shared living expenses arising from a material and substantial change in circumstances could result in modification of alimony.

Sometimes, divorce decrees provide guidelines for alimony upon the obligee spouse’s cohabitation. This language can make it easier or more difficult for the obligor spouse to reduce or terminate payments.

Should You Hire Our Houston Alimony Modification Attorney?

If you are divorced and either making alimony payments or receiving alimony from a former spouse, you may have questions about the possible modification of those alimony payments. At Horak Law, attorney Matthew Horak has over ten years of experience helping in Texas family law matters and is ready to guide you through pursuing an alimony modification.

Our team of attorneys is prepared to help you with every aspect of your family law issue, whether that be a child support order, child custody order, spousal maintenance modification, or protective order. If your divorce is due to family violence, marital misconduct, or another fault-based reason, we can help you get the Texas alimony you deserve.

If you reside in the Woodlands, Houston, TX, or the surrounding areas, call Horak Law today at (713) 225-8000 to set up your free consultation.