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Posts Tagged ‘spousal support’

Alimony Changes – Duration and Amount

September 5th, 2011 No comments

Woodlands Divorce LawyerThe 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.

  1. 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;
  2. 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;
  3. 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.

Contractual Alimony and Jail

May 22nd, 2011 No comments

woodlands divorce attorneyYour final decree of divorce is a binding court order. If your spouse fails to comply with his or her obligations in that court order then your Woodlands Divorce Attorney can petition the court to enforce its decree. One of the most persuasive powers a divorce court has is the power to put someone in jail when they are found in contempt of court due to not following the terms of the court order. There are limits to this power however.

In one  case, the divorce court ordered Alvin to county jail for criminal contempt based on seven instances of failure to pay spousal support as provided for in his divorce decree. The sentence was for 180 days. The spousal support Alvin failed to pay was contractual spousal support that he consented to and was not tied to a legal duty based on the Family Code.

Contractual alimony and court imposed spousal maintenance have some significant differences. The Texas Family Code is very specific as to when the divorce court may impose spousal maintenance and the limits of that maintenance. On the other hand, contractual alimony is a private agreement between parties of a divorce. Further, contractual alimony is a private debt governed by the law of contracts, while spousal maintenance is a legal duty governed by the law of judgments. Therefore, the Supreme Court determined that Alvin’s incarceration based on his failure to pay contractual alimony was unconstitutional since contractual alimony is classified as a private debt and not enforceable by contempt.

Alvin also failed to maintain health insurance as part of his child support obligation. Unlike contractual alimony, a failure to adhere to child support obligations is punishable by contempt because it is based on a legal duty. However, in order for a party to be found in contempt there must be a written judgment of contempt along with a written order of commitment. Additionally, the contempt order cannot contain uncertainty nor can it suffer from multiple meanings. In Alvin’s case the contempt order was unclear as to whether the failure to provide health insurance itself served as the basis for contempt; therefore, the Supreme Court found there were no grounds for contempt and released Alvin.

This case is an important reminder to everyone that your divorce decree only achieves your goals to the extent it can be enforced and the options you have for enforcement. Contact us today at (832) 592-7913 if you need legal help to enforce your Montgomery County divorce decree. If you would like additional information, check out our free Woodlands Divorce Guide.

How Much Alimony for How Long?

February 16th, 2010 No comments

Last time we reviewed the basic criteria for you or your ex-spouse to pursue a spousal maintenance or alimony claim in your Woodlands Divorce. If you or your spouse does meet the threshold criteria to qualify for spousal maintenance in your divorce case some important questions remain. How much alimony will you pay or receive and for how long will the payments last? Your Woodlands Divorce Attorney can help you answer these questions.

How Much Spousal Maintenance?

The standard the court uses in setting spousal maintenance is to provide for the minimum reasonable needs of the spouse eligible for alimony, considering Read more…

Categories: Property Tags: ,

The Basics of Alimony in The Woodlands

January 29th, 2010 No comments

Alimony and spousal maintenance are still alive. In certain situations spousal maintenance is an option and it may be one of the issues you have to discuss with your Woodlands Divorce Attorney. One of those situations is if your marriage lasted more than 10 years either spouse may be eligible for alimony or spousal maintenance.

Alimony is not automatic once your marriage crosses the 10 year mark. There are several additional key criteria that must be established before a judge can order alimony. Specifically, the spouse seeking support must show that he or she Read more…

Categories: Property Tags: ,

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