Legal Question in Family Law in Texas

paying alimony, how long before I can take it back to court?

ok, I'm in the military (Army) and currently deployed to Iraq, I've been in for 16 yrs., I'm paying child support for my first daughter and I recently got divorce from my second spouse of 9 yrs and 10 months, from which I just started paying child support, I pay $408 for my daughter and $1100 for my 3 sons but I'm also paying alimony to my ex in the amount of $300 a month, my pay before taxes is $4595, after taxes, child support and alimony is $2350. I agree to pay my ex the 300 without thinking and I was running out of time since I was leaving to Iraq, also before we got divorced she had a baby from some other man, in the decree it says I have to pay her until she remarries which can be for a real long time, can I take the case back to court after I have paid her for a full year of alimony to get it drop?

thank you for all your help,

SSG

U.S Army


Asked on 3/25/09, 10:48 am

1 Answer from Attorneys
Robert Matlock Robert J. Matlock, P.C.

Re: paying alimony, how long before I can take it back to court?

There are two types of payment that are generally referred to as alimony. One is contractual alimony the other is spousal maintenance. Contractual alimony is related to the Internal Revenue Code, it can not be ordered by the court and can only be done only by an agreement of the parties. Spousal maintenance is related to the Texas Family Code, can be ordered by the court or done by agreement of the parties.

Contractual maintenance can be changed only if the agreement of the parties says it can be altered. Spousal maintenance can be changed if there is a change of circumstances.

You should check your Decree of Divorce and consult with a lawyer to get a more definite answer to your question.

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Answered on 3/25/09, 12:34 pm


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