Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

You didn't get the Question I typed already? Texas? I am…

Customer Question
You didn't get the...

You didn't get the Question I typed already?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas?

Lawyer's Assistant: Has anything been filed or reported?

I am divorced in Texas since October 2010, and I want to either vacate the Divorce Decree or at least get it modified.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I pay my ex $2500/mo and have for 7 years as of this month!

Submitted: 7 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 14 minutes by:
10/6/2017
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,259
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You unfortunately wouldn't be able to vacate a divorce decree after this much time has passed, but you can file a Motion for Modification of Alimony. The grounds for modifying is that there must have been a material change in circumstances since the divorce decree was entered. Examples of a material change that may justify changing your support include:

  • A significant increase in her income
  • A significant decrease in your income (usually at least 20%)
  • If she has begun cohabitating with a new partner, or if she has gotten a roommate that shares expenses with her (even if just the rent).

The judge will take full financial evidence when deciding whether to change the alimony and if so, how much. I mention that because, if your income has increased, it 's possible that your ex will request additional alimony, and it's possible that she'll get it. You may want to have a local attorney request her financial information before filing so you can feel confident that you won't wind up paying more (unless your income is much less than it was).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
Okay! Just so you have all of the information!
I was only married for 7 years at the time of my divorce Oct 2010!
my monthly maintenance of $2500/mo is way over the State Law amount at that time.
We did not have any children! She had 3 by other marriages, and only one living at home
at the time of the divorce!
The Divorce Decree stated the maintenance was to continue until she either died or remarried.
She was going with a guy at the time of our divorce, and I (unfortunately) assumed she'd remarry.
If she didn't remarry, I thought she'd at least try to get a job and help support herself, but that doesn't seem to
have happened either.
But as it turns out she'll probably not do either, because my maintenance a cush deal for her.
She's Probably is getting Social Security now that she is 63 yo.
I am now 80 yo. and could use extra money to plan and pay for my final expenses!
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Had you disputed alimony at the time, you may have been able to avoid paying her anything, because alimony is usually not granted in Texas after a marriage of less than 10 years. However, your time to file an appeal was within 30 days of when the judgement was entered. Texas unfortunately doesn't have any procedure for reopening a case after so many years have passed.

A modification must be based on a material change. The fact that you expected her to marry someone and she didn't may not come into play unless you could prove that she tricked you into thinking that to get you to agree to pay. Your age would only come into play had you still be working at the time of the divorce and since retired. But you can argue that her eligibility for Social Security qualifies as a material change. Whether she's getting it or not, the court can require her to maximize her assets and recalculate as if she's getting Social Security.

Ask Your Own Family Law Question
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

Do you have any other questions about this?

Ask Your Own Family Law Question
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,259
32,259 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How are assets divided after divorce in Sweden? Is there a
How are assets divided after divorce in Sweden? Is there a fair/equal division of all assets or alimony for a non-working wife? Both people are Swedish Citizens and marriage is registered in Sweden. H… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
For divorce purpose i live in puerto rico for more tahn 6yrs but my wife now divocing me l
For divorce purpose i live in puerto rico for more tahn 6yrs but my wife now divocing me lives in florida in a home that I purchased in 2005 does that makes me a resident of florida o Puerto Rico were… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,712 satisfied customers
What happens to the original divorce decree when spouses remarry
What happens to the original divorce decree when spouses remarry and get divorced again in AZ?… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,905 satisfied customers
My question is regarding my pending divorce and alimony need
my question is regarding my pending divorce and alimony need for me(wife) in state of TN where complaint was filed Sept 2017. a temp agreement was signed by judge for pende lite spousal support which … read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
In divorce, wife wants rehab alimony. With no assets other
In divorce, wife wants rehab alimony. With no assets other than existing employment, where husband's salary is $120,000 compared to wife's salary of $51,000, what do you believe is fair alimony to wif… read more
Sean K
Sean K
Attorney/Member
JD
626 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
I have a divorce alimony question. So my situation is a
So my situation is a little complicated. I'm a us citizen and my husband is a Canadian citizen, we got married in California 4 yrs ago where I was residing. 5 months later we moved to Dubai for my husband's job. Things are not working out and he wants to file a divorce in Dubai to avoid paying me Alimony in the US. … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
Who will pay the alimony? Is the spouse ask for divorce?
Who will pay the alimony? Is the spouse ask for divorce? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My wife wants a divorce and doesn't want alimony or child
My wife wants a divorce and doesn't want alimony or child support. We live in Calif and kids are 2 & 3. Will the State still require me to pay? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,725 satisfied customers
How much are your fees. LA. My divorce is final. alimony
my divorce is final. alimony payments over. I need information on child support reduction/elimination as one child is graduating from HS, eliminating her child support, and the other 16 yr old has been living with me exclusively for past 6 months. he turns 17 end of june. sorry so long … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Recently divorced, husband was ordered as part of alimony to
recently divorced, husband was ordered as part of alimony to cover wife under health care in ILL. He canceled her (she just found out) within 60 days of the divorce being finalized. Can she get a cour… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,725 satisfied customers
In Florida. Divorced in 2013. Applying for alimony
In Florida. Divorced in 2013. Applying for alimony modification and my after a year and a half, my attorney withdrew. I am now pro se. My Ex is represented by an attorney I confided in in 2013, howeve… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
I was divorced in 2016. Alimony was set up in July 2015. I
I was divorced in 2016. Alimony was set up in July 2015. I am 57 years old and have never worked outside of the home. I was married for 35 years. I don't have any education. I need to modify my alimon… read more
LegalGems
LegalGems
Juris Doctorate
11,968 satisfied customers
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,725 satisfied customers
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
i want a divorce from my husband. I am a housewife. Please advise. we got court marriage d
i want a divorce from my husband. I am a housewife. Please advise. we got court marriage done in state of Florida 8 months back. But we are fighting a lot and he says to file for a divorce if I wish t… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x