Originally published by San Antonio, TX Family Law and Military Divorce Blog.
Yes, it can. The Petitioner or Movant must file a Motion to Modify Post-Divorce Spousal Maintenance in the Court that made the initial order. Procedures for filing an original suit apply, which means the former spouse receiving maintenance must be served with citation.
At an evidentiary hearing, the Movant bears the burden of proving that a material and substantial change has occurred such that the Movant no longer can longer afford to pay the Court-ordered amount. In proving that a material and substantial change has occurred, the Movant must prove the facts and circumstances that existed at time of the original order and the facts and circumstances that exist now.
Whether the comparison proves to be “material and substantial” is determined at the judge’s discretion. If proved, the amount of reduction is at the judge’s discretion.
Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC. The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world. The firm specializes in Federal Civil Service and Military Divorce matters.