Changing Spousal Maintenance Due To a Medical Condition
A serious medical condition can change everything in an instant. From your ability to work to cover living expenses to even meeting obligations set by a divorce decree. If you’re either paying or receiving spousal support, a severe injury or illness may be sufficient grounds to modify your existing support order.
The process of changing spousal maintenance due to a medical condition can be complex, especially in Texas. Below, we’ll walk you through the conditions that may justify a change, the factors a court will likely evaluate, and the steps to take to effectuate a change.
How medical conditions can trigger maintenance modification
Medical issues, minor and major, can affect your income and your expenses. If the condition is severe enough, it can alter your income, your expenses, or both, and may result in an amendment to your support order. Realistically, a trigger could look like:
- Loss of earning ability due to illness, injury, or disability, such as a heart attack, stroke, chronic illness, or degenerative condition
- Increased medical expenses like hospital bills, prescriptions, therapy, or long-term care
- Inability to meet basic needs without support stemming from a condition that limits a person’s ability to cover essentials like housing, food, utilities, or transportation.
- Loss of health coverage due to job loss or divorce-related insurance changes
According to Texas Family Code § 8.057(c), courts look at whether these impacts amount to a “material and substantial change in circumstances” in deciding if spousal maintenance orders need to be modified. While the statute itself doesn’t define “material and substantial,” courts have interpreted this phrase to mean changes that were significant, ongoing, and not anticipated at the time the original order was issued.
Steps to request modification of spousal maintenance
A major medical condition can change your financial situation enough to warrant an amended spousal support order. In Texas, the basic steps to request modification of spousal maintenance include:
Gather medical and financial documentation
Not only must you provide evidence of your condition, but you must also show proof of how the condition has impacted your finances. For your condition, it’s normal to provide medical reports or letters from a physician. For your financial situation, the following documentation is typically suitable: tax returns, W-2s, pay stubs, records of work restrictions or job loss, and invoices for healthcare or ongoing treatment.
If you’ve formally been declared as disabled, it’s acceptable to provide your “proof of income letter” or “benefit letter” issued by the Social Security Administration.
Review your divorce decree
Even if you have a serious medical condition that is significantly impacting your finances, you may not be eligible to modify your maintenance order. Not all divorce decrees allow for modification. In Texas, there are two types of spousal support/maintenance:
- Court-ordered spousal maintenance, which can be modified, is established under the Texas Family Code.
- Contractual alimony, which may not be modified, is privately agreed upon in a divorce settlement.
As such, it’s critical to review your decree to determine whether it allows for modification of spousal support. If the divorce settlement states that support can’t be modified, your options may be very limited. Most of the time, courts will enforce these clauses unless there is fraud or a public policy concern.
File a motion or petition in the same court
After you’ve collected your documentation and reviewed your divorce decree, you must formally ask the court to amend the existing order. You can do this by filing a motion to modify spousal maintenance in the same court that issued the original divorce decree.
Attend a court hearing
Some courts offer mediation or settlement sessions before a formal court hearing. If your case ends up going to court, here’s what you can probably expect:
- The judge will consider the facts and arguments from your side and your ex-spouse’s side. Afterward, the court will then decide whether the change in circumstances is both material and substantial.
- Be ready to explain your medical diagnosis and prognosis; provide any requested documentation; and respond to any objections your ex-spouse may have.
Comply with the new spousal support order
If the court agrees to grant your request, the change usually affects future payments to be made after the new order’s effective date. Sadly, courts don’t order retroactive changes, so don’t expect to be reimbursed or repaid.
To remain in good standing with the court, make sure you follow the updated terms exactly as stated and maintain detailed records. If your situation changes again or you’re unable to satisfy the modified obligations, consider filing another spousal maintenance modification.
What the court may order
There are four common outcomes from a request to modify a spousal maintenance order. Depending on your situation and the specifics of your request, a judge may order:
- Decreased support if the payor is ill and/or unable to work
- Increased maintenance if the recipient’s condition worsens
- Temporary suspension of spousal support
- Termination occurs upon death, the obligee’s remarriage, or qualifying cohabitation
Most judges aim to balance fairness and financial reality in addition to the health status and financial standing of the other party.
What not to do when asking for a modification
Don’t assume you can stop paying spousal support without court approval.
No matter how dire your situation, skipping or skimming payments without a court order can have sizeable consequences. Only a judge can modify or terminate a maintenance obligation. Possible enforcement actions include income withholding or being held in contempt of court.
Don’t wait too long to file your request.
Generally, a judge won’t backdate changes that occur before the modification request is filed or before notice is served to your ex-spouse. Filing quickly can help protect you from falling behind or further behind on payments you can no longer afford.
Don’t provide insufficient documentation.
The more documentation, the better. You should provide current, concrete evidence. Courts require proof and won’t modify your order based on claims alone.
When should you talk to an attorney about spousal support?
Dealing with medical and financial stressors is overwhelming enough without an outdated spousal maintenance order. Though most people are capable of filing and managing a modification request on their own, the accompanying emotional and practical challenges that come with it are good enough reasons to seek legal counsel.
A family law attorney can bring clarity and peace of mind, especially if your condition is severe or if your ex-spouse is likely to challenge the request.
Start your spousal support modification journey
If you live in Texas and have a serious medical condition that greatly affects your ability to pay spousal maintenance or manage your bills, those changes may justify amending your current order.
The process can be complex, but acting quickly and providing clear documentation is key. Our San Antonio-based team helps clients present convincing modification requests in a timely manner, based on solid medical and financial evidence.
Contact us today to set up a consultation. We’re here to help you preserve your financial future in the face of changing circumstances.