Legal Question in Family Law in Texas
Changing Spousal Support Agreement
My husband divorced in 9/93 in Nevada. His ex is a TX resident; he is NV resident. They have 2 sons. She got everything in the divorce. He was responsibile soley for their shared debt. He liquidated his own 401K and gave her 50% at that point plus $400/month per child until 18 and $400 in spousal support for 20 years - provided she doesn't get married again. She is a college graduate. They had an oral agreement to pay for college but she renigged. We pay for his college tuition room board monthly stipend. Can we change the decree when the youngest enters college. Could the decree be seen as unfair? Some say 20 years of spousal support at $400 a month is outrageous...is it? We have never missed a monthly payment nor late. Do we have a case? Also, what's the process - and is the process to be conducted in Texas or Nevada?
2 Answers from Attorneys
Re: Changing Spousal Support Agreement
20 years of spousal support at the rate of $4800
per year is, probably, fairly unusual for present times.
Your husband could have the Nevada decree registered in his current state of residence, and,
then, move for the modification which he believes is appropriate.
Re: Changing Spousal Support Agreement
Nevada is where this should be addressed as it is the state of the decree and the home state of the children. I don't know what Nevada does for alimony. Texas historically did not like alimony. I suspect the facts of the case determine generally what alimony should be.
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