Family Focused. Solution Oriented.

Resolving family law matters while preserving family relationships.

How Do You Modify or Terminate Alimony?

by Mar 31, 2018Alimony, Family Law

Sometimes after a divorce there are reasons that the spousal maintenance or alimony needs to be modified or terminated. There are clear standards for changing the terms of the alimony that was ordered as part of the final divorce decree. So here are some of the basics of modification or termination:

MODIFICATION OF SPOUSAL MAINTENANCE OR ALIMONY

To modify a spousal maintenance order, one of the two parties affected need to file a motion in the court that originally rendered the order. The court may make modifications to the maintenance order on a proper showing of a material and substantial change in circumstances. These may include circumstances used to determine the original maintenance agreement, such as the care of a disabled child of the marriage. The law is also clear on what prevents a modification. This includes a loss of employment or an incapacitating physical or mental disability that occurs after the divorce or annulment which are not grounds for modifying spousal maintenance for the former spouse, even if these circumstances render them unable to provide for their minimum needs.

CONSIDERATIONS

  • Notice of the motion to modify maintenance must be given by service of citation, and a response must be given before 10 a.m. on the first Monday after 20 days after the date of service.
  • The payment modification will only apply to payments accruing after the filling of the motion to modify.

TERMINATION OF SPOUSAL MAINTENANCE OR ALIMONY

The obligation of paying spousal maintenance obligation ends on the remarriage of the person receiving the payments, or on the death of either party. The obligation can also be ended if the person receiving payments is found to be living with a significant other, even if they’re not married. A court may order the termination of the maintenance obligation if it finds in a hearing that the obligee cohabits with another person with whom they have a romantic relationship in a permanent place of abode on a continuing basis.

It is important to know that though these circumstances terminate the obligation to pay any future maintenance, the obligation remains for any unpaid balance left before the date of the termination.

Contact Us Today

For a Confidential Consultation

Contact Us

512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
Map + Directions

Family Focused.
Solution Oriented.

Family Focused. Solution Oriented.

Resolving family law matters while preserving family relationships.

Family Focused. Solution Oriented.

Our goal is to help folks resolve their family law issues in a way that protects their interests and preserves their family ties. Most family law cases can be difficult from an emotional and financial perspective. We believe in reducing the emotional and financial stress by offering alternative options to resolving their disputes, such as mediation. We enjoy helping people who are interested in working together to find creative solutions to their circumstances.

We provide a variety of services to clients from all walks of life. We offer both full-scope and limited-scope representation so that you may choose the way you want to allocate your resources. We are open to exploring alternative fee arrangements, in appropriate cases. Contact us to inquire.

Helping You Pursue Alternative Conflict Resolution Methods

Too often clients in family law cases spend substantial sums of money arguing about issues in court and often feel worse at the end of their case than before they started. At The Law Office Of Tim Whitten, P.C., we are sensitive to this reality. This is why we explore alternatives to the traditional litigation approach with each client as we help him or her identify long-term legal interests and goals. After our representation begins, we strive to be available and responsive to each client to ensure that we stay on track with that client’s interests and goals.

Contact the Law Office of Tim Whitten

If you are in need of an experienced family law attorney and you believe that our philosophy may work for you, contact The Law Office Of Tim Whitten, P.C. We are dedicated to helping you and your family move forward peacefully. Call 512-478-1011 to speak with our firm today.

MORE THAN 25 YEARS OF PROFESSIONAL EXPERIENCE

Our primary attorney, Tim Whitten, is certified as a Family Law Specialist by the Texas Board of Legal Specialization. This means that he has experience in multiple case types, demonstrated proficiency, and mastery in some of the technical aspects of family law.

Contact Us Today

For a Confidential Consultation

Contact Us

512-478-1011

7500 Rialto Blvd., Bldg. 1
Suite 250
Austin, TX 78735
Map + Directions

Family Focused.
Solution Oriented.