Let’s say you were divorced last year and are now required by the Court to make monthly spousal maintenance payments to your former spouse. You’ve been diligent about making those payments ever since, but you lost your job last month and suffered an injury in a car accident. It’s been a rough few months. And now you’re looking for any relief you can get on upcoming obligations. In this situation, requesting a spousal support modification may be in your best interests.
Modifications are common in family law and can be used to make changes to an existing Court order on everything from child custody to child support and even spousal maintenance — provided there is a legitimate reason based on changing life circumstances.
How To Request a Spousal Maintenance Modification
The Court’s decision to grant spousal maintenance was likely based on various factors, including but not limited to your former spouse’s financial needs when your marriage ended. If you are ordered to pay, it’s important that you continue to do so for the length of the order. That said, life happens. Perhaps you lost your job, switched jobs, or received a surprise pay cut. Maybe you or another family member suffered a medical emergency or another unforeseen circumstance preventing you from making your payments on time or at all.
For these and other situations, a spousal maintenance modification request can decrease and potentially eliminate payments. The first step is to file a motion to modify/reduce the payments. In doing so, you will need to provide evidence that justifies why you made a request.
Again, examples of what constitutes a material and substantial change in your circumstances can include:
- Changes in employment
- Changes in income
- Health issues and emergencies
- Your spouse remarried
- Your spouse is living with a partner
Filing a spousal support modification doesn’t guarantee approval. That said, the odds are in your favor if you can prove that the circumstances in your life have changed to the point where you’re struggling to make payments. When in doubt, it’s important to speak with a qualified family law attorney about your individual situation so that they can craft a plan that addresses these issues and ensure every last detail is accounted for.
Please call Christman | Daniell for your legal needs today!
Looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
