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Adjusting Your Spousal Maintenance in Texas

Spousal maintenance, often referred to as alimony, can be granted to a spouse in Texas under the condition that there is a significant need for their ongoing support. As an example, take the case of a married couple, in which one spouse brings home a majority of the money needed to keep things running, while the other stays home to take care of children and the home. If the stay-at-home spouse did not hold a job for years and lacks the necessary training or education to get a job that would cover their expenses post-divorce, they may argue for spousal maintenance to be awarded. Texas courts, however, do not want this situation to be permanent. Depending on your circumstances, it may become necessary to have spousal maintenance modified or terminated.

When Can I Get My Spousal Maintenance Modified?

You can request that spousal maintenance be modified at any time, but to be successful, you’ll need to present evidence that a modification is necessary. If you’re the paying spouse, you may need to have the maintenance amount adjusted if you’re now making substantially less money due to unforeseen circumstances. This could include losing a job, having to pay expensive medical bills, or becoming unable to work. 

Similarly, the receiving spouse should modify the maintenance amount to be lower if they received a higher-paying job, or started living with a significant other who they are in a supportive relationship with. If your former spouse fails to do so, you may go to court to argue for an adjustment. If your ex-spouse remarries, then you no longer have an obligation to pay spousal maintenance at all; however, if you are behind on payments, you will still have to pay the remaining amount before you’re relieved of your obligation.

Can Spousal Maintenance Be Increased?

In order to raise the amount paid, the paying spouse’s income will have to have increased significantly, or the receiving spouse’s need for support has to have increased significantly. 

If you are seeking an increase, it’s important to have accurate documentation of your income and expenses so that the court can determine an accurate measurement of how much the support needs to be adjusted. Your attorney can help you gather these and present them to the judge. For any assistance in adjusting your spousal maintenance, or other divorce legal needs, contact the Law Offices of S. Dylan Pearcy today.

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Law Offices of S. Dylan Pearcy, PLLC

The Law Offices of S. Dylan Pearcy, PLLC is focused solely on the needs of our clients. We provide professional and effective representation in the areas of personal injury and family law, in addition to our work with Wills and estates.

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