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. (940) 293-2313