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RayAnswers
RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I was divorced inApril of 2007 in Texas and agreed to a contractual

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I was divorced inApril of 2007 in Texas and agreed to a contractual alimony amount as part of the decree. My employment situation and earnings have changed significantly since then and I can no longer afford to pay that amount. If my ex-wife chooses not to renegotiate, what are my options?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. You would return to court here and file to modify the spousal support. You can argue change of circumstances here to the court and the judge. You may very well have good facts to do so because of the change of income.

You would have the burden in your motion here to show sufficient changes to warrant the court modifying psousal support in the matter. The financial information you cover here may be very relevant to the court in deciding to modify your current spousal support. You have nothing to loose here and much to gain if the court agrees with your motion.

You will probably need to obtain a lawyer to file and represent here in this matter. The State Bar of Texas here in Austin has a lawyer referral program. You get 1/2 hour office consultation for $20. It is a great place to get started here.


http://www.texasbar.com/Template.cfm?Section=Selecting_a_Lawyer&CONTENTID=3836&TEMPLATE=/ContentManagement/ContentDisplay.cfm


Here's law on the subject here in Texas..


http://www.divorcelawtexas.com/txpages/Alimony/alimony.asp



 

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Customer: replied 8 years ago.
Thank you for your quick response. Based on what I've been able to read on this subject, the information I've seen seems to imply that contractual alimony, versus court-ordered spousal maintenance, may not be so easily dealt with in the court, as it is considered a debt rather than a legal obligation and therefore regulated under contract law. Is that true? If so, is there anything I can do here short of refusing to pay and forcing her to take me to court?
Expert:  RayAnswers replied 8 years ago.
It is going to be tougher here since you agreed to it.It is a mixture fo family and contract law. You could pre-emptively motion her to modify/end it. If you quit paying then she would file and you would respond.

Either way your going to need a lawyer here becasue she is sure to have one. I doubt she is going to give this up here without a fight. When it is all said and done as you know it is all about the money in a divorce. This is her meal ticket and she will not give this up. but you have a chance here based on the turn of events.

And you have nothing to loose here by trying tomodify/end it here. I do wish you good luck here. Man things are really starting to slow here in Austin. My friend who is an architect got laid off last week. The high end building has all but stopped and I'm afraid more bad news is to come around here. You definitely have my sympathy here for the problem..
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Expert:  RayAnswers replied 8 years ago.
It is going to be tougher here since you agreed to it.It is a mixture of family and contract law. You could pre-emptively motion here to modify/end it. If you quit paying then she would file and you would respond.

Either way your going to need a lawyer here because she is sure to have one. I doubt she is going to give this up here without a fight. When it is all said and done as you know it is all about the money in a divorce. This is her meal ticket and she will not give this up. but you have a chance here based on the turn of events.

And you have nothing to loose here by trying to modify/end it here. I do wish you good luck . Man things are really starting to slow here in Austin. My friend who is an architect got laid off last week. The high end building has all but stopped and I'm afraid more bad news is to come around here. You definitely have my sympathy here for the problem..

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