Alimony Attorney in Houston
Ensuring Fair Spousal Maintenance Orders
Alimony – known as spousal maintenance in Texas – is a court-ordered form of financial support paid by one spouse to the other during and after the divorce. Alimony is intended to help a lower-earning spouse support themselves and gain financial independence following a divorce. Spousal support is not ordered in every divorce case, but it is common when there is a substantial difference between each spouse’s income.
Whether you are seeking alimony, hoping to negotiate low payments, or hoping to avoid paying spousal maintenance altogether, you can turn to the Law Offices of Frank E. Mann, P.C. for guidance and legal support. Our Houston alimony attorney is extremely familiar with Texas’ spousal maintenance laws and guidelines. We can put that knowledge and experience to work for you.
Call us at (713) 903-8112 to discuss your spousal maintenance case during a free case evaluation with an alimony attorney.
Eligibility Requirements for Alimony in Texas
If you are seeking an alimony award, you must first prove that you are eligible to receive spousal maintenance. To qualify for alimony in Texas, the requesting spouse must prove that they cannot afford to support themselves.
Additionally, they must meet one of three conditions:
- The paying spouse commited domestic violence at some point within the two years before filing for divorce, or while filing for divorce
- The receiving spouse cannot support themselves financially because of a disability or a child with special needs
- The marriage lasted over 10 years
Calculating & Awarding Spousal Maintenance
Divorcing spouses have the right to arrange alimony payments on their own without court intervention. However, their plan must be reviewed and approved by the court.
If spouses cannot agree on a maintenance award and the court finds it appropriate to order spousal maintenance, a judge will consider various factors when calculating a proper amount of alimony.
Factors may include:
- Each spouse’s income
- Whether the spouses have children and whether the child has a disability or special needs
- The length of the marriage
- Any history of domestic violence
- Whether one spouse contributed to the other’s education or professional success
Ultimately, an alimony award can be no more than $5,000 per month or 20% of the paying spouse's average monthly gross income.
Enforce of Spousal Maintenance in Houston
Does your ex refuse to make their maintenance payments? Spousal maintenance is court-ordered in Texas, so refusal to make maintenance payments places them in contempt of court. You can ask the court to enforce your spousal maintenance order, which will hold the non-paying party in contempt until they pay what is owed. If they continue to refuse, then their income could be garnished and they could face penalties. This is what makes enforcement of support through the court so effective.
Seek Counsel from a Houston Spousal Maintenance Lawyer
Spousal maintenance is one of the most contentious and disputed topics during divorce. No one wants to pay more than their fair share in spousal support, but spouses in need of financial support deserve fair awards. Our alimony attorney in Houston can review your case and fight for a fair, reasonable, and favorable spousal maintenance order.