Is it time for your alimony payments to your ex to come to an end? In Texas, it is possible to terminate payment of spousal maintenance, more commonly known as alimony. However, it can only be done under certain conditions and there is a process that needs to be followed.
Is It Court-Ordered Or Contractual?
The first step is to determine whether you are paying court-ordered spousal maintenance or contractual alimony. There are statutory criteria for terminating spousal maintenance payments that were ordered by the court. However, contractual alimony, or alimony that was agreed upon by you and your ex, does not necessarily follow the same rules.
Criteria For Termination
Texas Family Code Chapter 8 states that court-ordered spousal maintenance can be terminated in the event of death or remarriage. It may also be terminated if the payee has begun cohabiting with an individual that he or she is romantically involved with.
Contractual alimony may be terminated for the same reasons or for different reasons, depending on the terms of the contract.
Modification Is An Option
Perhaps your case does not meet the criteria for termination. You still may be able to seek a reduction of court-ordered spousal maintenance payments.
A maintenance order may be modified in the event of a substantial change in circumstances. The change in circumstances must have an impact on one of the factors that influenced the order in the first place, such as your ex's ability to provide for her or his own needs. For example, if your ex has gotten a new job that pays more, a reduction in court-ordered spousal maintenance may be appropriate.
Depending on the terms of the contract, contractual alimony may be modified for these reasons or for other reasons.
Have An Attorney Review Your Case
At The Powell Law Firm, we can quickly ascertain whether termination or modification of spousal support is an option. If it is, we will guide you through the required steps and help you keep your income in your own pockets.