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After my divorcee is finalized and I didn't ask for alimony can I file a modifcations?

Denton, TX |

I signed my final divorce decree May 7th and my husband is making over 100,000 a year and I had to pay child support and I didn't ask for alimony. Can I file something before my 30 days is up?

Attorney Answers 3


You definitely need to talk to a TX attorney about this as soon as possible. I do not know anything about TX law in that regard but In Virginia you must request alimony or a reservation of the right to receive alimony in your complaint or answer and and have the support award or right to support preserved in the final decree. If you did not make the proper requests at the pleading stage and there is no reservation for future support in the final decree then in VA it would be too late under most circumstances. If the omission was due to fraud or undue influence then you might be able to make a case for reopening the divorce.

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If the Court has already entered the divorce decree you can only the terms of the decree by agreement. WIthin the 30 days the court will still have the power to make changes. After the 30 days have expired, you will have to file a motion to modify the decree.

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As Mr. Moore pointed out (and no differences in Texas law will save you on this), there's probably going to be a basic problem here that if you didn't ask for it up front, you can't get it now. If it's any consolation, a lot fewer spouses qualify for "alimony" (we don't call it that here, and it doesn't work like it does in other states) than is commonly thought, so you may not have lost out on anything, after all. There are a lot of restrictions as to whether you can get any post-judgment support at all, and typically even if you do, it's intended to be a temporary measure (you don't get it forever and once you can support yourself reasonably well, it's gone). But go ahead and consult a local attorney immediately to see if anything can still be done--good luck.

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