The Texas Legislature made extensive revisions to the alimony and spousal maintenance provisions that went into effect on September 1. If you are filing for divorce in a marriage that lasted longer than ten years make sure your Woodlands Divorce Lawyer is familiar with these new rules. Today we will look at the changes made to the amount of alimony and the duration of alimony.
The previous maximum amount of alimony was $2,500 per month. Now, the maximum is $5,000 per month. The minimum amount remains at 20% of the average monthly income. This change impacts spouses that earn more than $12,500 per month because their amount of alimony payments just went up. For example, under the old system if the spouse earned $15,000 per month the maximum alimony payment was still $2,500. Now, the maximum alimony payment is $3,000 which is 20% of monthly income.
The duration of alimony and spousal maintenance payments was also increased. The previous limit was three years, no matter what. Now a sliding scale is in place.
- If the marriage lasted at least 10 years but not more than 20 years, the court can order alimony and maintenance payments to continue for five years;
- If the marriage lasted at least 20 years but not more than 30 years, the court can order alimony and maintenance payments to continue for seven years;
- If the marriage lasted more than 30 years, the court can order alimony and maintenance payments to continue for ten years.
Remember folks, there is no legal separation in Texas and you are still married for the purposes of calculating alimony and maintenance payments until the court enters your final divorce order. Dragging your feet just got potentially a lot more expensive. Contact us today at (832) 592-7913 if you are contemplating dissolving your marriage and have questions concerning your financial future and whether you could be eligible or liable for spousal support under the expanded provisions of the new law.
If you would like additional information, check out our free Woodlands Divorce Guide.
The Standard Possession Order put in place by the legislature and used in many Woodlands Divorce cases is designed for children 3 years of age and older. If a child less than 3 years old is involved in a Woodlands Divorce, then the visitation schedule that is in the best interest of the child is a lot less clear. A new bill introduced in the legislature recently seeks to elaborate on how visitation schedules for children less than 3 should be created.
The Bill is SB 820. The way the bill is written as it was introduced it seeks to add the following to the Texas Family Code:
(a) In rendering the order, the court shall consider evidence of all relevant factors, including:
(1) the caregiving provided to the child before and during the current suit;
(2) the effect on the child that may result from separation from either party;
(3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child;
(4) the physical, medical, behavioral, and developmental needs of the child;
(5) the physical, medical, emotional, economic, and social conditions of the parties;
(6) the impact and influence of individuals, other than the parties, who will be present during periods of possession;
(7) the presence of siblings during periods of possession;
(8) the child’s need to develop healthy attachments to both parents;
(9) the child’s need for continuity of routine;
(10) the location and proximity of the residences of the parties;
(11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (A) the age of the child; or (B) minimal or inconsistent contact with the child by a party;
(12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and
(13) any other evidence of the best interest of the child.
(b) Notwithstanding the Texas Rules of Civil Procedure, in rendering an order under Subsection (a), the court shall make findings in support of the order if:
(1) a party files a written request with the court not later than the 10th day after the date of the hearing; or
(2) a party makes an oral request in court during the hearing on the order.
(c) The court shall make and enter the findings required by Subsection (b) not later than the 15th day after the date the party makes the request.
It is too soon to tell if this will be the new law of the land in Woodlands Divorce cases or if it will make it through the legislative process in a modified form. Call us at (832) 592-7913 if you need to speak with a Woodlands Divorce Lawyer about your divorce case in The Woodlands or anywhere in Montgomery County. For additional free information on divorce in The Woodlands, download my free guide The Woodlands Divorce Guide
Are you considering divorce and are not sure where to begin?
Has your spouse already filed for divorce and you are not sure how to protect yourself?
Are you wondering:
- How much child support is involved in your divorce?
- Is spousal maintenance going to be awarded in your divorce?
- How often will you see your kids after the divorce?
- What is separate property and what is community property?
- What happens to retirement accounts in a divorce?
To help answer some of the most common questions I am proud to announce the release of my Woodlands Divorce Guide available for free download. You can get your copy by clicking on the link below.
The Woodlands Divorce Guide
If you have a question that is not answered in this version of The Guide, post your question in the comments below or contact us and we will consider it for inclusion in future editions.
Families that have gone through divorce in The Woodlands are familiar with the 60 day waiting period. If this is the first time you are hearing about it, let’s review how it works. Once a spouse files for divorce in The Woodlands or anywhere in Texas, there is a mandatory 60 day waiting period. The Court will not issue a divorce decree any earlier than the 61st day after The Woodlands Divorce Lawyer filed the petition for divorce. This procedure may be changing. Read more…
It is not here yet, but a bill has been introduced in the Texas legislature to require that every person with a child or children who files for divorce in The Woodlands and all of Texas complete 10 hours of mandatory divorce counseling before the Court finalizes the divorce.
There are some exceptions to the proposed mandatory divorce counseling. Most notable is if Read more…
