FAQS - HOUSTON FAMILY LAW AND DIVORCE ATTORNEYS
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VERITAS LEGAL GROUP'S FAMILY LAW & DIVORCE FAQs
Please Contact Our Houston Child Support and Custody Lawyers & The Woodlands Divorce Attorneys Regarding Specific Questions
Is there alimony or spousal support and maintenance in Texas?
Texas law allows for spousal “maintenance” only, which is sometimes referred to as spousal support, under certain circumstances. Situations that will support an award of maintenance are:
if the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes family violence under the Title 4 and the offense occurred within 2 years before the date the divorce is filed or while the divorce is pending, or
the duration of the marriage was 10 years or greater; the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse to provide for the spouse’s minimum reasonable needs and the spouse seeking maintenance is unable to support himself or herself through appropriate employment because of an incapacitating mental or physical disability or is the custodian of a child of the marriage (of any age) that requires substantial care or personal supervision as a result of a mental or physical disability causing the custodial spouse not to be able to work or the spouse seeking maintenance clearly lacks the earning ability to provide support fore her or his minimal reasonable needs.
The duration of maintenance payments is determined by multiple factors found in §8.052 of the Texas Family Code. A court using these factors can determine the “nature, amount, duration, and manner of periodic payments.” Texas courts cannot order maintenance that would last for more than three years and shall limit the duration to the shortest period that will allow the seeking spouse to meet his or her minimum reasonable needs. The amount of maintenance is also capped by law. The Family Codes states that “a court may not order maintenance that requires an obligor to pay monthly more that the lesser of” $2,500.00 or 20% of the spouse’s average monthly income.
In Texas, unmarried cohabitants cannot seek maintenance under any circumstances. Should you have any other questions regarding spousal support, alimony, or spousal maintenance, you are invited to contact the Houston Alimony and Spousal Support Attorneys and the Woodlands Conroe Divorce Lawyers at Pham & Cloves, PLLC
DISCLAIMER
Pham & Cloves, PLLC is a general practice law firm. Our law office does not claim to specialize in any area of law stated above. Each legal issue is unique depending on the fact and circumstances surrounding each case. In many cases, further research and analysis must be done before a competent legal issue may be answered. You should NOT rely on the information on this FAQ section to replace a personal consultation with an experienced Houston Business Transaction Attorney and A Houston Business Formation Lawyers. There may be legal issues in which you may not be aware.
Please feel free to call the Houston Texas Divorce Attorneys and the Woodlands Family Law and Child Custody Support Lawyers at Pham & Cloves, PLLC today at713-492-0337 or complete our Contact
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