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Texas?

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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: 10 months ago.Category: Family Law
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Answered in 14 minutes by:
10/6/2017
Family Lawyer: Lucy, Esq., Lawyer replied 10 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
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.

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Customer reply replied 10 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 10 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.

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Family Lawyer: Lucy, Esq., Lawyer replied 10 months ago

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