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Blog 2020 May When Can I Modify a Spousal Support Agreement?
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When Can I Modify a Spousal Support Agreement?

Posted By Kathryn Marteeny || 20-May-2020

Spousal support, or spousal maintenance, is a touchy subject. It may feel punitive to the responsible party. Perhaps life has changed significantly, and it’s become unreasonable to expect original agreements be kept. When is it time to reevaluate spousal support agreements?

How Is Spousal Support Determined?

Texas is a “community property division” state. In simplest terms, courts look at the assets of the individual marriage partners and attempt to divide them 50/50 in a divorce. Judges, however, have a lot of leeway to make determinations they deem “just and right,” which can make the division of property more “equitable” and less of an “equal” split.

Courts order spousal maintenance when, in a 50/50 split, one partner will be left unable to support themselves. This could be because they were a full-time, at-home parent. Perhaps they managed everything in the home as a full-time responsibility. Or maybe they were working part time and going to school. Whatever the case, the judge may order spousal support as a way to protect the partner with less assets. Couples have the option to divide support however they see fit, without the court making that decision. This kind of support is called “contractual alimony.”

Court-ordered spousal maintenance in Texas is based on the amount of time a couple was married. The-time-to-payment ratio looks like this:

  • For marriages of 10 to 20 years: five years of spousal support.
  • For marriages of 20 to 30 years: seven years of spousal support.
  • For marriages of 30 or more years: ten years of spousal support.

If the couple was married for less than ten years, there is no spousal support due. However, there are exceptions. A person married less ten years may receive spousal support under a specific set of circumstances:

  • If their partner has been found guilty of family violence, they may receive spousal support for up to five years.
  • If the supported spouse is disabled, the paying spouse may be obligated to support them until they are able to care for themselves.

Texas regards spousal support as a means of getting someone “back on their feet.” To keep ex-partners from becoming reliant on support, judges need to order the shortest lengths of time possible. They might even refer to it as “rehabilitative support” to drive this point home.

Spousal support is determined at the time of the divorce. Factors such as potential earnings or an impending promotion may be considered. This means that the final amount can be based on what the responsible party will be earning, not what they are currently earning.

There is a cap to spousal support in Texas, which provides relief to the responsible party. Spousal maintenance can be no more than $5,000 per month, or no more than 20% of the supporter’s income, whichever is lowest.

Unlike child support, however, spousal support payments can’t go up when the supporter has upward movement in life. Child support is determined under the assumption that both parents are always contributing to the best interest of the child. When someone gets a huge promotion or suddenly writes their best-seller, their ex can request a higher child support payment based on this increased income. Parents are always considered to be caretakers and family members of their children. Extra income is assumed to be a benefit to the child, since it would directly benefit children if their parents were still together.

Divorce ostensibly assumes that the couple has ended their relationship, and they are no longer family. Based on this philosophy, an ex is not entitled to any portion of their former partner’s new fortune.

Reasons to Modify Spousal Support

A “Substantial Change in Circumstance”

The most likely reason to modify spousal support is a loss of income. 2020 has been a year of hard times for a lot of people. With the COVID-19 pandemic raging on, many have lost their jobs or had their work hours reduced. Keeping up with bills is becoming a real struggle. People want to meet their obligations, but sometimes it’s just not possible. When income drastically changes, it might be time to ask the courts to redraw spousal support agreements.

People should file for modification only when they have experienced a “substantial change in circumstance.” Jim was a handsomely paid CEO who was recently laid off, and he was a given a robust severance package. Even though it’s taking him quite a while to secure work, he still has a lot of expensive electronics and other toys in the house. His current income is low, but savings and his earning potential are high. The court is not likely to sympathize when Jim asks for a lower spousal support payment. A particularly rigid judge could even order Jim to start selling off his assets to meet his payments.

Sarah, however, is a waitress who was just scraping by. She was supporting her husband before the divorce, and he was awarded spousal support. The restaurant where she worked was closed during the lockdown. She’s trying hard and actively looking for another job, but it’s been months. Things aren’t opening up as fast as she needs. In this example, the courts are far more likely to consider granting her a lower payment until she can get back to work.

Hidden Assets

Since spousal support is based on each partner’s situation at the time of the divorce, new information that comes to light can change everything. If it is discovered that a partner had unreported assets at the time of the divorce, it may be possible to return to court to modify the support agreement.

This alteration can go both ways. If the supported partner is found to have hidden assets, it may be possible for the paying partner to ask for a lower payment. If the paying partner was the one being deceitful, the supported partner may be able to challenge them in court and receive more money in the settlement.

Remarriage

The party responsible for paying spousal support is unaffected when they remarry. They are responsible for making payments for the court-ordered amount of time.

The recipient of spousal support, however, immediately loses all support when they get remarried. In fact, Texas cuts off spousal support if the recipient moves in with their current partner. This rule is there to prevent someone from taking advantage of their former spouse. “Cohabitation,” by Texas law, is defined as “two people who are involved in a romantic situation that live together on a consistent basis.” If the partner paying spousal maintenance discovers their ex is cohabitating, they may file to terminate their payments. However, they are still responsible for any unpaid back support.

Whether it’s a change in income, the discovery of hidden assets, or an ex’s remarriage, spousal support may be challenged when life has significantly changed. If you believe it’s time to have spousal support modified, we can help. Consultations are free and there’s no risk involved, so call today at (713) 936-2300 or contact us online.

Categories: Divorce, Property Division, Spousal Maintenance

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