Many people are under the impression that spousal maintenance, once made, is set in stone. That is rarely true. If you are wondering whether it is possible to increase your spousal maintenance, the answer is yes, under certain circumstances.
In Texas, it is possible to ask the court for a modification in the original spousal maintenance order if either party’s circumstances have changed materially and substantially.
The process is not automatic
There are specific circumstances under which you can request an increase in spousal maintenance, such as:
- A significant increase or decrease in income
- A change in employment or earning capacity
- A change in the financial needs of the spouse receiving maintenance
- A change in the ability of the paying spouse to pay maintenance
- A change in the health or medical needs of either spouse
- A change in the living arrangements of the spouse receiving maintenance
As the requesting party, you will need to show the court that your circumstances have changed significantly and that you did not anticipate such situations at the time of the original order. The court may consider your petition only if you can demonstrate these.
It is important to note that Texas has specific limits on spousal maintenance. Spousal maintenance can be at most $5,000 monthly or 20% of the paying spouse’s average monthly earnings, whichever is less.
Legal help can be crucial
If you are considering requesting an increase in spousal maintenance, gathering all relevant financial information and documentation is crucial. This includes income statements, tax returns and evidence of any changes in circumstances. A dedicated family law attorney in Texas can guide you through the process and help you determine whether you have a valid case for modification.