During the divorce process, the family courts may issue spousal support orders, also referred to as alimony, to provide financial assistance to one spouse. However, these orders are not set in stone and can be modified.
If you are considering filing a petition for alimony modification in Texas, Sec. 8.057 of the Family Code outlines the specific requirements and conditions that must be met for a court to grant a modification. These should demonstrate a substantial change in circumstances that affects the ability of either party to pay or the need for continued support.
What substantial changes warrant spousal support modification?
To modify spousal support, the petitioning party must show a significant change in circumstances that affects either the paying spouse’s ability to pay or the receiving spouse’s financial needs.
- Job loss or business failure: If the paying spouse experiences an involuntary job loss or their business shuts down, they may struggle to meet current support obligations and seek a reduction in payments.
- Failure to become self-supporting: If the receiving spouse has not taken reasonable steps to gain financial independence, such as finding a job or pursuing education, the paying spouse may request a reduction or termination of support.
- Change in financial situation: A considerable increase or decrease in income for either spouse, such as a promotion, job change or significant investment loss, can affect the support arrangement and prompt a modification.
- Financial emergency: Sudden financial hardships like large medical expenses, natural disasters or family emergencies can significantly impact a spouse’s financial situation, making it necessary to adjust support payments.
- Disability or illness: If the receiving spouse becomes unable to work due to an illness or disability, they may need additional financial support to cover medical bills and living expenses.
In short, the court reviews whether the change is substantial enough to adjust the original order based on current financial realities. Seeking legal guidance is important to understand the legal process and strengthen your modification case.
