(833) 553-4251
(833) 553-4251
Spousal support—commonly referred to as alimony—is a series of monetary payments made from one former partner to another. The court orders these payments as part of a divorce decree, but the amount and duration can vary dramatically.
You have the right to petition the court to alter these orders, and an Austin spousal support modification lawyer could help. The process can be complex, making it unwise to attempt it on your own. Rely on a skilled alimony attorney to help you accomplish your goals.
The court will not simply alter the terms of the divorce decree on a whim. One party must petition the court to make a change and provide grounds for the judge to do so. The payer or receiver can initiate the petition, but the filing must occur in the court that issued the original order.
Before the process can move forward, the filing party will need to serve their former spouse with formal notice. This means providing them with a copy of the motion and notifying them of the date and time of the hearing. Only after these conditions are met can the court consider the motion.
At the hearing, the judge will look for evidence of a “substantial and material change” in the lives of one of the parties. A judge might consider a major change in the income of the paying party as substantial and material. If they have lost their job and have limited employment options moving forward, it might serve as grounds for a decrease. Alternatively, evidence that a former spouse had a windfall or secured a raise might lead to an increase in the monthly payments.
Because these decisions are subjective, it is crucial to have a skilled spousal support attorney in Austin make the strongest possible case for modification.
Spousal support orders are generally set for a specific amount of time. However, there are situations where it is possible to terminate this obligation early. Often, the facts are clear-cut, like when a former spouse receiving alimony either remarries or passes away. In either situation, these payments are no longer required under the law. Keep in mind that any money owed up until the date of remarriage or death must still be paid.
The courts also have the power to end these payments if the recipient begins living with a romantic partner without marrying them. There may also be grounds for modification related to a new relationship, even if they have not formally moved in together, which an Austin spousal support attorney could help determine.
There are grounds to alter or even end an alimony obligation, but you must go through the court to make these changes a reality. Having the support of legal counsel is important, given that these hearings can be contentious. Contact an Austin spousal support modification lawyer from our firm today to learn more.
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