San Antonio Spousal Maintenance Modifications Attorneys
When you initially crafted your divorce agreement, you and your ex-spouse may have arranged from spousal maintenance, also known as alimony. You – or the judge – had to decide whether alimony was needed, who would pay it to whom, and how much they would pay. These decisions were based on the economic situations of each of you at the time, as well as other factors. But circumstances change over time, and it is very possible that spousal maintenance needs could change as well.
It is possible to modify your spousal maintenance agreement, but you likely will need the help of an experienced attorney. At Higdon, Hardy & Zuflacht, L.L.P., we can assist you with a spousal maintenance agreement modification as well as every other element of a divorce proceeding. Call us to review your case today at (210) 349-9933 in a free consultation.
Why Do I Need a Lawyer?
Modifications to spousal support can be made without a hearing if both parties can agree to a change. You have the best chance of making this happen if you enlist the skills of an experienced family law attorney handles these scenarios regularly. At Higdon, Hardy & Zuflacht, L.L.P., we are often able to swiftly negotiate a change in circumstances with your former spouse and resolve the situation smoothly, which helps both parties because it costs less and causes less friction.
The advice of an attorney is also crucial in determining what kind of factors to consider in a change of circumstances. Frequently, one party may believe that their change of circumstances means they should pay less or receive more, while the other party thinks the opposite. A knowledgeable attorney can quickly determine if the change in circumstances meets the criteria for modification. The San Antonio divorce attorneys at Higdon, Hardy & Zuflacht, L.L.P. have handled all kinds of situations and can assist you with spousal support agreements, including giving you legal advice on a potential modification.
Why Choose Higdon, Hardy & Zuflacht, L.L.P.?
The attorneys at Higdon, Hardy & Zuflacht, L.L.P. are committed to providing clients the support they need when navigating Texas family law. We are passionate about helping families cope with the circumstances that lead to and surround divorce, and we take pride in the hundreds of testimonials we have from satisfied clients. Going through a divorce or modifying a divorce agreement can be stressful, but through our diligent representation, we try to take some of the weight off your shoulders.
Our San Antonio attorneys are family law specialists, which is a title reserved for lawyers who achieve a specific board certified status by the Texas Board of Legal Specialization. Look for this important credential when selecting any type of attorney, including one who practices family law. Higdon, Hardy & Zuflacht, L.L.P. has also received honors in U.S. News & World Report’s Best Law Firms, and our attorneys are regularly recognized by Super Lawyers. These accolades are meaningful within the legal community and are on par with the level of service we provide to our clients.
Spousal Agreement Modification Process
The spousal agreement modification process occurs when one or both spouses experience a change in circumstances that materially change the amount they should be paid or the amount they should be required to pay. The original spousal maintenance amount is included in the final decree of divorce, and a variety of situations can dictate a modification. The most frequent reasons for alterations to an existing agreement include:
- The primary provider has a significant change in income
- The spouse receiving support remarries or cohabitates with someone
- A medical emergency
- A job change
- Mental health issues
When these situations or others come to light, the first step in a spousal support modification is to attempt an out-of-court modification. If the case is clear and the parties are amicable, some changes of circumstance can be modified without an official court order. For example, a paying spouse can stop sending support without a petition for modification if the receiving spouse remarries. However, if the receiving spouse begins living with another person they are not married to, the paying spouse may not stop payments until more information is learned.
If you are the party with the situation change, you will need to gather information that documents a change in income or otherwise shows your change in circumstances. This information can then be used to file a motion for a spousal support modification with the court. The court will then determine whether your situation qualifies for a modification. It is helpful to have the counsel of an experienced divorce attorney in these cases. Our team of San Antonio divorce attorneys at Higdon, Hardy & Zuflacht, L.L.P. can call on experience and Texas case law to advise you on whether it is worthwhile to proceed with a modification request
Alternatively, if you are the spouse who believes that a substantial change for the other party requires modification, you will still need to gain evidence that documents the need for a change. To gain the necessary information required for the modification of spousal support, you will likely need to proceed with a discovery process. In discovery, you will request information from your former spouse that provides you with documentation about their change in circumstances. Sources of this information may be paycheck stubs, income information, bank account information, proof of cohabitation, and more. A San Antonio divorce attorney from Higdon, Hardy & Zuflacht, L.L.P. can review your specific situation and determine the precise documentation you need for your modification. They can also draft the necessary discovery requests and file them properly to ensure you get the information you need.
Once the appropriate information in your case is compiled, and your legal team determines that you have a valid request, you can make a motion to modify your spousal support agreement. In order to prevail, your motion must be based on documentary proof of a substantial change in circumstances.
Call Higdon, Hardy & Zuflacht, L.L.P. Today
At Higdon, Hardy & Zuflacht, L.L.P., we provide legal services for you and your family in any divorce proceeding, including the modification of spousal support agreements. Call our modifications team today at (210) 349-9933 or contact us online for a complimentary consultation to review your case and determine what action is most appropriate for your needs.