If you are paying for spousal support following your divorce, it can be difficult to pay following a change in income, let alone save up for future payments. If you are unable to continue paying your current spousal support payment due to a loss of pay or job, you need to alert the courts and request a modification to decrease your payments.
Filing For Modification
Since spousal support payments are highly dependent on the paying party’s income, if there is a substantial change in income, the party should file for a modification. Courts in Texas typically determine spousal support payments as the lower amount between a $5,000 payment or 20% of the paying party’s gross monthly income. If that value changes following a loss of income, then the courts can reduce the monthly spousal support payment to accommodate the paying party.
To file for a modification of spousal support, you may want to consult a spousal support attorney who you trust. Your attorney can then file the motion and guide you through the documentation process and your court hearing. At your hearing, the court will hear your argument and determine if a modification is necessary. If they deem the modification of payment necessary, a new spousal support order will be created with the updated monthly payment value.
Reasons for Termination
While as the paying party, you may wish to terminate your spousal support payments, there must be a qualifying event for spousal support to be terminated. Instances of a qualifying event include:
- Either party passes away
- The party receiving payment moves in with a new romantic partner
- The party receiving payment remarries
- The court-ordered payment period ends
To terminate spousal support, your attorney must file a court motion and you must argue in court why spousal support should be terminated. You may need to present evidence to the court, especially if you are arguing that the receiving party cohabitates with a new romantic partner.
Woodlands Alimony Attorneys
Spousal support payments can be a drain on your finances, especially if you experienced a loss of income recently. Our attorneys at Parchman Law Group P.L.L.C. can guide you through the process of a spousal support modification to protect your financial interests.
Are you unable to pay your designated spousal support payments due to a change in salary? Our Woodlands attorneys can help! Schedule a complimentary consultation today by calling (713) 364-0777 or filling out our online contact form.