Sometimes, long after an alimony order has been issued in a Texas divorce case, a party's circumstances may have changed to a degree that a modification of the order is needed. The law allows for people to come back to the court in order to seek a change to the original alimony order issued by the court.
The party that wishes to change the alimony order starts the process by filing a motion to modify the order with the court that issued it. Upon filing, the petitioner will be given a notice of hearing and a summons, and will need to serve the motion and other court documents on the former spouse. After service of process has been completed, the petitioner will then need to file an affidavit of service with the court.
The respondent will then need to file a response within 20 days of the date of the receipt of service. At the hearing set by the court, the judge will take evidence from both parties regarding the modification request. The court may modify the order if it is satisfied that one of the conditions set out by law apply. The court may also deny an alimony request.
When people want to change an alimony order, it is important that they collect the evidence needed in order to support their modification motion. A person who does not present sufficient evidence at the hearing risks that that the motion will be denied. People should also keep in mind that an order that is modified is only effective from the date it is granted. Until a modification is granted, the obligor should continue making the alimony payments as previously ordered by the court.Source: Texas constitution and statutes , "CHAPTER 8. MAINTENANCE", Accessed on Jan. 9, 2015