Spousal Maintenance is the name that the Texas legislature gave to alimony payments in the Texas Family Code under Chapter 8. It is also call Spousal Support. Spousal Maintenance is defined in the family code as an award in a divorce or dissolution of a marriage of periodic payments from the future income of one spouse to another spouse. Contact Montgomery County Divorce Lawyer Jeredith Jones to discuss your case.Are there limitations on Spousal Maintenance?
In the State of Texas, there are several limitations on Spousal Maintenance. Spousal maintenance is time limited a number of years based on the length of the marriage, but it is also limited to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse’s minimum reasonable needs. There are certain specific circumstances, like the disability of the spouse seeking maintenance, under which spousal maintenance may be extended. The award of spousal maintenance is also limited to twenty percent of the paying spouse’s gross income. The amount of spousal maintenance can also be modified if the paying spouse’s income changes greatly. Call Montgomery County Divorce Lawyer Jeredith Jones to speak with her about the facts of your divorce.Am I required to pay Alimony or Spousal Maintenance?
The Texas Family Code does not make it easy for an individual seeking spousal maintenance to obtain an award for spousal maintenance or alimony. The spouse who is seeking spousal maintenance would have to demonstrate that he or she has exercised diligence in earning sufficient income to provide for his or her reasonable needs or is developing the skills to provide for his or her reasonable needs before the final decree of divorce is signed. In more basic terms, the spouse asking for spousal maintenance must prove that he or she has tried to obtain employment or training for employment.
In addition, the limitations of the amount of spousal maintenance can protect the paying spousal from undue burdens of spousal support. The maximum amount a judge can award is twenty percent of the paying spouse’s gross income. This figure is the maximum award but the Texas Family Code also limits the spousal maintenance award to the amount that will meet the minimum reasonable needs of the spouse requesting the spousal maintenance.
The phrase ‘minimum reasonable needs’ is very fact specific and a judge or jury will decide what the minimum reasonable needs are for a particular individual in a particular case.
In addition, Spousal Maintenance is time limited, meaning that the spousal support amount is paid for the shortest amount of time that is necessary for the spouse requesting the award to earn enough income.
Contact Montgomery County Divorce Attorney Jeredith Jones to discuss your concerns regarding spousal maintenance and alimony.Am I eligible for Spousal Maintenance?
Many people inquire about the availability for alimony payments in a Montgomery County Divorce. The availability for spousal support in a particular case is very fact specific and depends on the unique needs and earning power of both spouses. In the cases involving persons married for over ten years and in Gray Divorces, a discussion on supposal support occurs frequently and can often be part of a divorce settlement or a divorce trial. In addition to spousal support in Gray Divorces, spousal support can be appropriate in many other situations, but it is important to note that spousal support is not a guarantee in any case and is sometimes not available under the Texas Family Code. Jeredith Jones, Montgomery County Divorce Lawyer and Montgomery County Spousal Support Lawyer will work diligently to assist you with your goals and the specifics of your case.
For an individual seeking a divorce in Montgomery County, Texas where he or she is also asking for spousal support, spousal maintenance or alimony, it is important to speak with an experienced attorney. Even when the facts of your case do not necessarily meet the legal requirements for Spousal Maintenance, there are other ways to divide a community estate and to assure that you are protected. Montgomery County Divorce Lawyer Jeredith Jones has worked on many cases where spousal support or spousal maintenance is part of the divorce and will discuss the specifics of your case with you.
Obtaining spousal support or alimony in Texas depends on how the facts in your case matches the law regarding spousal support. The Texas Family Code does not favor awards of spousal support. A judge will consider an award of spousal support if a spouse who would be making the spousal support payments was convicted of family violence within two years before the date of the filing of the divorce petition or while the divorce case is pending.
In addition, spousal support or alimony may be granted by the judge if the spouse seeking the spousal support is unable to earn enough money to provide for his or her ‘minimum reasonable needs’ because of a physical or mental disability or because the parties have been married for ten (10) years or more and the spouse seeking the support payments lacks the ability to earn sufficient income to provide for his or her ‘minimum reasonable needs.’
A parent who is the custodian of a child of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse seeking the support payments from earning enough income to provide for his or her ‘minimum reasonable needs.’Are there options other than Spousal Maintenance?
Yes! There are many creative ways to divide the assets of a community estate and to structure a plan that will work for your individual needs. Contact experienced attorney Jeredith Jones, a Montgomery County Divorce Lawyer who can assist you with any question you may have regarding spousal support, alimony, spousal maintenance or any other topics that you may have questions about.Montgomery County Divorce Attorney Jeredith Jones will fight for you!
When you retain Jeredith Jones, Attorney at Law you will receive realistic practical, ethical advice on the issue of spousal maintenance and on all other issues that must be addressed in your Montgomery County Divorce. In addition, Montgomery County Divorce Lawyer Jeredith Jones will work with you to creatively address your needs and to obtain the best possible outcome in your divorce. Contact Montgomery County Divorce Lawyer Jeredith Jones to make an appointment for a consultation.