Spousal support is a type of court-ordered payment that one spouse makes to the other after a divorce. Texas law calls this “maintenance.” Courts may order spousal maintenance if the requesting spouse cannot meet their basic needs after the divorce and meets certain other legal requirements. In some cases, courts will modify their spousal support orders if the requesting spouse or the paying spouse shows good cause.
If you are paying or receiving spousal support in Texas and need to change something about your support order, Navarrete & Schwartz, P.C., can help. Contact our experienced family law attorneys today to discuss your situation and get the advice you need.
When Can You Modify a Spousal Support Order in Texas?
You can ask the court to modify a spousal support order if something important in your life or your ex-spouse’s life changes after the court signed the last order. This is called a “material and substantial change in circumstances.” Common examples of material and substantial changes include losing a job, experiencing a significant change in pay, or developing a major health issue.
A judge will not change a support order just because time has passed or someone wants a better deal. You must demonstrate real changes that have happened since the last court order that affect the ability to pay or the need for support. If the change occurred before the order was signed, the court will not consider it when reviewing your request.
Who Can Request a Modification?
Either person can file a request to change spousal support. The person who pays (the obligor) might ask to lower the amount or end payments if they can no longer afford it. The person who receives payments (the obligee) might ask to increase or extend support if their needs change. Both sides have the right to ask the court for a modification, but only the court that gave the original order can make the change.
Limitations on Modifying Spousal Maintenance in Texas
A judge can only change spousal support in certain ways. Texas law does not let the court increase payments above the original amount. The court also cannot extend support past the original end date. Even if someone’s needs increase, the court’s modifications must stay within the limits of the first order.
The law also does not allow new support orders just because one spouse loses a job or becomes sick after the divorce. That means if a person did not qualify for support when the divorce ended, they cannot come back later and ask for it. The court can only change future payments starting from the date the request is filed. It cannot go back and modify payments that have already been made.
The Legal Process for Requesting a Modification
If you want to request a spousal support change, you must file a motion with the court that made the original order and serve the other person with a legal notice. The other person has the right to respond. The court will set a hearing date, and both parties can show evidence and explain why the court should or should not change the order at the hearing. The court will decide based on the facts and what the law allows. If the judge agrees that something important has changed, they may adjust the payment amount.
Enforcing a Modified Maintenance Order
If the court changes a spousal maintenance order, the new terms take effect from the date the motion to modify was filed. If the other person refuses to follow the new order, you can ask the court to enforce it. This might involve ordering income withholding to collect payments directly from the obligor’s paycheck. If the obligor still does not pay, the court can hold them in contempt. This can lead to fines, wage garnishment, or even jail time in some cases. Keep in mind that the court will not take action against non-compliance on its own. You or your lawyer must take the first step by filing a motion to enforce the order.
Termination of Spousal Maintenance
Texas law gives clear rules for when spousal maintenance ends. Payments stop if either person dies or if the person receiving support gets remarried. The court can also end support if the obligee lives with a long-term romantic partner. To end an order due to cohabitation, the obligor must ask the court for termination and show proof. The court will look at how often the couple lives together, shares bills, or acts like a married couple.
A court order is necessary to officially stop payments. If the obligor keeps paying after the support order ends, they might have the right to recover that money. The court can also require obligees to repay any extra amounts and cover obligors’ legal costs in some cases.
How a Lawyer Can Help With Spousal Support Modifications
Whether you need to change your support payments, stop them completely, or respond to a request from your ex-spouse, a lawyer can guide you through each part of your case. Here are some ways an attorney could help you with a spousal support modification in Texas:
- Reviewing your current support order
- Explaining your rights and the limits of what the court can change
- Gathering documents that show changes in income, health, or living costs
- Filing a motion to modify in the correct court
- Serving the other party with proper legal notice under court rules
- Responding to motions or claims filed by your former spouse
- Scheduling and preparing for court hearings
- Presenting proof to support your case
- Questioning witnesses or cross-examining the other side’s witnesses
- Handling disputes about unpaid or overpaid maintenance
- Asking the court to enforce a modified order if the other person does not follow it
- Requesting repayment for any support paid after the legal duty to pay ended
Contact a Family Law Attorney in Texas
If you need help with a spousal support modification, contact Navarrete & Schwartz, P.C. today to schedule your initial consultation. We will take the time to learn about your situation and explain your options under Texas law.