Texas Affidavit by Obligor Spouse on Application to Modify Order for Alimony

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US-00005BG-I
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A party seeking a modification must file a motion in the court that rendered the original order granting support. Notice of the motion must be given to any other party affected by the order, who must file an answer.

In Texas, some things can disqualify you from spousal support. These include: Cohabitation: If you live with someone else in a marriage-like relationship, you may be disqualified for spousal support. Remarriage: If you remarry before your spousal support obligation ends, you may be disqualified for further payments.

In Texas, you generally have a window of 30 days to file an appeal after the trial court signs the judgment, although the deadline can be shorter under certain circumstances. The opposing party then has the option of filing a cross-appeal and has at least 14 days to do so.

After the Divorce Proceedings: If the judge has signed the divorce decree and it has been less than thirty days, the attorneys may ask the judge to reverse to the decision. However, this is up to the discretion of the judge.

It typically cannot be reopened. However, there are a few limited circumstances in which exceptions apply. You may be able to reopen a divorce on the grounds of: Fraud: The intentional misrepresentation or concealment of a material fact that induced the other party to agree to the divorce settlement.

Once a judge signs the temporary order, you need to file a motion to modify at the courthouse. Affidavits as to why the temporary order should be changed including your own statement are required.

Either parent may file to modify an existing order. If the current order names any other person as a party, they may also file a motion to modify. The Texas Attorney General Child Support Division can file to modify child support.

Seeking Change: Modifying Your Divorce Decree A Modification of your Divorce Decree can be filed in the same court that heard your original divorce. If you believe that the change in circumstances of someone related to that decree has changed so substantially as to merit a modification, then you can do so.

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Texas Affidavit by Obligor Spouse on Application to Modify Order for Alimony