Spousal Maintenance Lawyers

Collin, Denton & Surrounding Counties
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Where Hard Cases Are Handled!  (469) 935-4600

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(469) 935-4600

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Spousal Support & Maintenance Lawyers in Frisco, Texas

Needing or Defending Against Spousal Support Claims During or After a Divorce in Collin, Denton, and surrounding counties?

 

If you are going through a divorce, you may be wondering about things like alimony and have possibly heard the terms “spousal maintenance” and “temporary spousal support”. These are important issues to consider, as they can have a significant impact on your financial well-being.

Spousal maintenance, sometimes referred to as alimony, is a payment made from one spouse to another after a divorce. Temporary spousal support, on the other hand, is a payment made during the pendency of a divorce case to help support a spouse who may not have access to sufficient resources during the proceedings.

Navigating the legal system to determine if you are eligible for spousal maintenance or temporary spousal support can be complex and overwhelming. However, having a basic understanding of the law in Texas can help you better prepare for what lies ahead.

Spousal Maintenance

Spousal maintenance, also known as alimony, is discussed in Chapter 8 of the Texas Family Code, and it is a payment that one spouse makes to the other after a divorce. It is intended to provide financial support to the spouse who is economically disadvantaged and unable to support themselves adequately.

In Texas, spousal maintenance is only awarded in certain circumstances. The spouse seeking maintenance must demonstrate that they lack sufficient property to provide for their minimum reasonable needs and must also prove that they are unable to earn sufficient income to meet those needs.

The court will also consider other factors when determining whether to award spousal maintenance, including the duration of the marriage, the age and health of the spouses, the education and employment skills of the spouse seeking maintenance, and whether there was any marital misconduct.

It is important to note that spousal maintenance in Texas is not a permanent arrangement. The duration and amount of spousal maintenance will depend on the specific circumstances of the case, and can be modified or terminated in certain situations.  The typical range for spousal maintenance is as follows:

Basis of Award Length of Marriage Max Duration
Family Violence Less than 10 Years No More than 5 Years
Married for 10+ Years Between 10 & 20 years No More than 5 Years
Married for 10+ Years Between 20 & 30 Years No More than 7 Years
Married for 10+ Years 30+ Years No More than 10 Years

It is important to consult with a qualified Family Law | Divorce attorney to understand your rights and obligations with respect to spousal maintenance in Texas, and to ensure that your rights are protected throughout the divorce process.

Temporary Spousal Support

When couples decide to divorce, there may be a need for one spouse to receive financial support during the process. This is known as temporary spousal support, and it’s intended to assist the spouse who earns less income or is unable to support themselves during the divorce.

In most cases, temporary spousal support will be based on the requesting spouse’s financial need and the other spouse’s ability to pay.

To determine the amount of temporary spousal support, the court will consider a number of factors, such as the requesting spouse’s financial need, the other spouse’s ability to pay, the length of the marriage, the age and health of each spouse, and the education and employment history of each spouse.

It’s important to note that temporary spousal support is intended to be a temporary measure and will end once the divorce is finalized. However, if spousal maintenance is awarded in the final divorce decree, it may be possible to continue receiving financial support beyond the divorce.

If you’re going through a divorce and believe you may be entitled to temporary spousal support, it’s important to speak with an experienced family law attorney to understand your legal rights and options and guide you through the legal process to ensure that you receive the financial support you need during this difficult time.

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Is Spousal Maintenance or Temporary Spousal Support an Issue for your Texas Divorce?

It’s been said that marriage is like a partnership. And like any partnership, each person has a role to play. When the partnership ends, it’s natural for one party to experience a financial setback. That’s where spousal maintenance and temporary spousal support come in.

In Texas, spousal maintenance and temporary spousal support are meant to provide financial assistance to the spouse who has the lower earning capacity, at least until they are able to become self-supporting. However, obtaining spousal maintenance or temporary spousal support is not always an easy feat.

If you find yourself in need of financial assistance during or after a divorce, it’s important to consult with a knowledgeable family law attorney who can help you navigate the legal system and ensure that your rights are protected. At The Ridgely Law Firm, our experienced Divorce Lawyers will help you achieve the best possible outcome in your Collin | Denton County divorce matter.  Schedule a Free in initial consultation to learn how our Spousal Maintenance lawyers can help.

Schedule a Free Case Evaluation with an Experienced Spousal Maintenance Lawyers in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties.  (469) 935-4600

Take the first Step

Has Temporary Spousal Support or Spousal Maintenance post Divorce become a concern in your Divorce case?   Whether you are pursuing or defending against Spousal Maintenance and Support Claims, our experienced Divorce Lawyers in Frisco, TX  can help you in Collin, Dallas, Denton, and surrounding counties.  Tell us about your case to learn how our Family Law Attorneys can help.

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Over 35 Years Combined Legal Experience

Modifying Spousal Maintenance and Temporary Spousal Support Orders in Texas

Now, circumstances can change after a spousal maintenance or temporary spousal support order has been put in place. Perhaps you or your former spouse experience a job loss, a significant change in income, or a change in health status. In such cases, you may want to modify the order. In Texas, a court may modify a spousal maintenance order if the circumstances of the person receiving maintenance have materially and substantially changed, or if the person paying maintenance has experienced a substantial and material change in circumstances.

A court may also modify a temporary spousal support order if there has been a material and substantial change in circumstances since the order was made. It’s important to note that temporary spousal support is generally ordered during the pendency of a divorce, while spousal maintenance is ordered as part of the final divorce decree.

To modify a spousal maintenance or temporary spousal support order, you’ll need to file a motion with the court requesting the modification. You’ll need to show that there has been a significant change in circumstances since the original order was put in place. It’s important to have evidence to support your claim, such as pay stubs, medical records, or other documentation.  Do yourself a favor, hire an experienced Spousal Maintenance Divorce Lawyer like those at Ridgely Davis Law in Frisco, TX to help with this because if you do it on your own, or use an inexperienced family law | divorce lawyer, you may mess up your case.

If you’re seeking to modify a spousal maintenance or temporary spousal support order, it’s important to work with an experienced family law attorney. They can help you navigate the legal process and advocate for your best interests.

Remember, the court will only modify an order if there has been a significant change in circumstances. If you’re experiencing financial difficulties or other challenges, it’s important to seek legal advice as soon as possible to determine your options.

Enforcement of Spousal Maintenance and Temporary Spousal Support Orders in Texas

It is essential to ensure that spousal maintenance and temporary spousal support orders are enforced to provide the support needed by the recipient spouse. If the paying spouse fails to pay spousal support or temporary spousal support, the recipient spouse has the right to enforce the order. In Texas, there are several ways to enforce spousal support and temporary spousal support orders.

  • Contempt of Court

Much like with child support, if a paying spouse fails to comply with a spousal maintenance or temporary spousal support order, the recipient spouse can file a motion for enforcement and seek contempt of court. The court can hold the paying spouse in contempt for violating the court order and impose penalties or fines.

  • Wage Withholding

Wage withholding is a common method used to enforce spousal support and temporary spousal support orders in Texas. The court can issue an order to the paying spouse’s employer to withhold the required amount of spousal support or temporary spousal support from the paying spouse’s paycheck and send it directly to the recipient spouse.

  • Seizure of Property

The court can also order the seizure of property owned by the paying spouse to satisfy spousal support or temporary spousal support arrears. The court can order the sale of the property and use the proceeds to pay the past-due support.

    Spousal maintenance and temporary spousal support orders are crucial to support the recipient spouse. If the paying spouse fails to comply with the court order, the recipient spouse can enforce it in several ways, including wage withholding, seizure of property, and suspension of licenses. It is crucial to work with an experienced family law attorney to ensure that your spousal maintenance or temporary spousal support order is enforced properly.

    If you are facing a divorce or post divorce matter in which Temporary Spousal Support or Spousal Maintenance is at issue, contact the experienced Divorce Lawyers at Ridgely Davis Law in Frisco, TX to learn how we can help with family law cases in Denton, Collin, and surrounding Texas Counties.

     

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