According to Texas law,
spousal support or alimony, the payment to one former spouse from another, can be modified or terminated
under specific circumstances. If you believe your alimony agreement should
be changed, continue reading for four reasons to petition for
modification of alimony payments.
1.Cohabitation with a Lover
Cohabitation is defined under the law as the romantic relationship between
two people who are living together continuously. If you former spouse
begins living with a lover, you have grounds file a motion with the family
court requesting the termination of payments. In order to prove your case,
you will have to collect evidence demonstrating your former spouse is
actually living with a new lover and not just a new roommate. Examples
of adequate evidence could include photos, a joint lease, mail going to
the same address or proof of personal items moved from one house to the
new lover’s home. If your spouse remarries, you are legally able
to cease payments once the marriage is legal.
2.Cost of Living Clause
If your original divorce decree includes a cost of living clause, an adjustment
can be made to accommodate changes in the cost of living. The amount of
increase in spousal support payments will only increase according to the
rate equal to the annual cost of living.
If the receiving spouse loses his or her job, falls ill or comes under
another type of hardship, they can file for a temporary increase in spousal
support. If the paying spouse also falls ill or loses their job, they
can file to decrease the amount of spousal support paid.
Whether caused by a workplace accident or the disease, if either spouse
becomes disabled and is unable support himself or herself, they can request
a motion to modify their alimony arrangement.
If you need assistance petitioning for a
modification of alimony, contact our
Collin County divorce attorney.