Can You Modify Alimony?

Jan 22, 2019 by

I’ve always wondered about how alimony works in the state of Texas. Growing up, my parents got divorced and the process was pretty messy. I remember my mom making a fuss about how much alimony my dad should be paying. I didn’t understand what that meant at the time, but as I’ve gotten older I wonder what goes into calculating those alimony payments. I was reading about how payments work on The Maynard Law Firm, PLLC website. The lawyers at Maynard Law Firm work with clients to get fair alimony payments based on the current financial situation of the two parents.

In Texas, when alimony is decided on in court, the decided-on amount is binding. That means that whoever is paying alimony is legally obligated to pay. They can have their paychecks garnished. They can also face legal repercussions for not paying. However, there are some situations where you can petition to have alimony modified after agreeing to the original alimony amount.

The first situation where alimony might be modified in court is when the current alimony is not meeting your financial needs. If you can prove in court that the alimony payments are not covering your basic financial needs then you may petition to have this payment raised. You may not have it raised more than the legal maximum.

On the other side of things, if you are paying alimony, you may have the opportunity to have these payments reduced. If you find yourself in financial hardship, and your alimony payments are now preventing you from meeting basic living needs, you can petition to have alimony changed. This may happen if you get fired from your job or you take a significant wage reduction. If your spouse begins to make much more money than they did at the time of settlement, you can also petition to have alimony reduced.

It’s pretty interesting that alimony can be modified for reasons like this. We tend to think that when a judge slams his gavel, everything is set in stone. As it turns out, judges are willing to hear out people on how situations have changed and set modified alimony in place. I’m learning that things are never so cut and dry in the legal field. Divorce can be especially messy. I haven’t been involved in divorce proceedings myself, but I would bet that they bring out some ugliness in people. A friend of mine once said that DUI attorneys deal with people on their best behavior and divorce attorneys deal with people on their worst behavior. It’s especially hard when children are involved. Everyone involved ideally is trying to get a settlement that works out in the children’s best interest, but parties see the other side’s point of view as self-serving and greedy. I hope I’m never involved in anything like that. If I did find myself caught up in divorce proceedings, fighting for a fair alimony decision, I would definitely call a lawyer around town to help reach a fair decision.

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