Comal County Spousal Support Lawyers

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Comal County Spousal Support Lawyers

Spousal Support Services in Comal County

Spousal support in Comal County is divided into three main types: temporary spousal support, post-divorce spousal maintenance, and contractually agreed alimony. Temporary spousal support applies during divorce proceedings, while post-divorce spousal maintenance is awarded after divorce under strict legal criteria. Alimony is an arrangement mutually agreed upon by both parties. If a spouse neglects to abide by spousal maintenance payments, income withholding, and possible imprisonment could be employed as enforcement strategies. Alimony, however, doesn’t fall under these enforcement methods.

Determining which form of spousal support is appropriate for your situation can be intricate. However, our divorce lawyers at Soyars & Morgan Law in Comal County have the knowledge and experience required to guide you through this process. We’ll work with you to understand your options and design a strategy that protects your rights and meets your goals.

CONTACT OUR COMAL COUNTY SPOUSAL SUPPORT LAWYERS

Temporary Spousal Support in Comal County

Every spouse in Comal County is legally obligated to support the other spouse. The Court has the authority to impose provisional orders requiring payment of spousal support during the course of divorce proceedings. It is important that the one seeking temporary spousal support does not question the validity of the marriage. Temporary spousal support is meant to cover the basic expenses of the petitioner’s spouse until the divorce is finalized. The amount to be paid is determined based on the petitioner’s needs and the other spouse’s ability to pay. The case of In re Fuentes elaborates on this.

Several factors, including each spouse’s income, assets, existing obligations, and variables affecting earning capacity, such as health, age, and education, are taken into account when deciding whether to grant temporary spousal support. This support concludes when the final decree is issued. If a spouse has failed to make temporary spousal support payments, the court may consider this when determining the final equitable division of property.

It’s worth noting that a spouse may qualify for temporary spousal support but not for post-divorce spousal maintenance, as the criteria for each vary. Additionally, it’s not uncommon for a spouse to try to extend the divorce process to continue receiving advantageous support payments that would not be available post-divorce. In such scenarios, the court may classify excessive support payments as property awarded to the offending party in the final property division, as observed in Hudson v. Hudson.

If you are considering divorce, you should contact us.
Soyars & Morgan Law, P.C. has years of experience dealing with
family law issues in Comal County.

Post-Divorce Spousal Maintenance in Comal County

Spousal maintenance and temporary spousal support are not the same in Texas. Whereas temporary spousal support is intended to cover necessary expenses during the divorce, spousal maintenance refers to periodic payments from one spouse’s future earnings to support the other spouse after the divorce.

Eligibility for Post-Divorce Spousal Maintenance in Comal County

The eligibility conditions for post-divorce spousal maintenance are more rigorous than those for temporary spousal support. The court can direct a spouse to pay maintenance if the other spouse lacks adequate property, including separate property, after the divorce AND one of the following applies:

Family Violence: The spouse who is asked to pay maintenance was convicted or received deferred adjudication for an act of domestic violence committed against the other spouse or their child during the marriage, within two years prior to filing the divorce suit or while the divorce suit was ongoing.

The spouse seeking support must also be:

    1. In Need: Married for at least ten years and unable to secure sufficient income to cover minimum reasonable needs.
    2. Disabled: Unable to secure sufficient income due to a debilitating physical or mental disability.
    3. Taking Care of a Disabled Child: Caring for a child of the marriage who has a physical or mental disability that makes the spouse unable to earn sufficient income.

To understand this legal intricacy, you may refer to §8.051 of the Texas Family Code.

CONTACT OUR COMAL COUNTY SPOUSAL SUPPORT LAWYERS

The Uniqueness of Soyars & Morgan Law

You should opt for Soyars & Morgan Law because:

  • Accessibility: Our spousal support lawyers in Comal County are always available to respond to your concerns. Our clients have unfettered access to their legal team to address queries as they arise.
  • Transparency: We believe in open and truthful communication. You will be kept informed about every phase of your case.
  • Customization: We recognize the uniqueness of every case. Your strategy will be developed around you and your family’s objectives. Soyars & Morgan Law oversees your case from inception to conclusion.

When you choose Soyars & Morgan Law, you can be certain that your case will be managed by proficient spousal support lawyers in Comal County. Allow our attorneys to cater to your legal needs.

Meet Our Spousal Support Lawyers in Comal County

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Contact Jodi Soyars

“There will never be enough adjectives to describe Jodi and her work ethic. I did my research and she kept coming out as one of the top 10. She should be #1! You want someone smart and strong with a great work ethic? This is Jodi Soyars! You’ll want her in your corner.”

Ida R.

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Contact Carla Ozuna

“Carla took me under her protective, assertive, kind, and noble wings. I will forever be grateful. AMAZING LITIGATOR. AMAZING TEAM. ORGANIZED. TALENTED. ETHICAL.”

Alessandra S.

Understanding Spousal Support in Texas: Key Queries Answered

How much can a person be awarded in Spousal Maintenance?

The Texas Family Code 8.055 sets a statutory limit on the maximum amount a court can order for spousal maintenance. As of September 1, 2011, the prescribed limit is either: (a) $5,000 per month or (b) 20% of the average monthly income of the spouse, whichever is lower. The court’s decision on the amount is typically influenced by the spouse’s monthly expenses, income, and any financial deficit, but the goal isn’t necessarily to entirely eliminate this deficit.

What's the duration of spousal support in Comal County?

The length of time one can receive spousal support is influenced by the duration of the marriage, unless the spouse requesting maintenance is disabled or tasked with caring for a disabled child. This is according to section 8.054 of the Texas Family Code. The court aims to limit the maintenance to the shortest possible period that allows the spouse to earn enough to meet their “minimum reasonable needs.” Exceptions are made when the spouse’s earning ability is significantly reduced due to physical or mental disability, child care responsibilities, or other serious obstacles.

If a spouse or child is disabled, the court can order maintenance indefinitely as long as eligibility requirements are met. Therefore, the final decree language is important, as it determines whether the spouse can seek continued maintenance under disability criteria or whether the duration will be capped under family violence and need-based criteria.

Can spousal support be terminated?

Yes, the obligation to provide spousal maintenance ends with the death of either party, the obligee’s remarriage, or when the obligee starts to live permanently with another person in a dating or romantic relationship, according to Texas Family Code section 8.506.

Can Spousal Support be adjusted?

Yes, changes to spousal maintenance orders can be achieved by filing a motion with the court that issued the order. The person requesting the change must show significant and material alterations in the circumstances of either party, as described in Texas Family Code section 8.506.

How can I show a significant change in circumstances to alter my spousal support?

To prove a major change in circumstances, the petitioner must present evidence of the current financial status of both parties and the financial conditions at the time the existing order was issued. Lack of evidence of previous financial circumstances may lead to the denial of the modification request as the court wouldn’t have enough information to assess a significant change. It’s important to submit your modification request promptly when a change in circumstances occurs, as the modification cannot be applied retroactively to payments accrued prior to filing.

Can Spousal Support be enforced?

Yes, if the spousal support order complies with Chapter 8 of the Texas Family Code, it can be enforced through contempt charges, money judgments, and wage garnishment. Such orders have more power than contractual alimony agreements, which cannot be enforced through contempt or wage garnishment.

Alimony in Comal County

Unlike spousal maintenance, alimony is a voluntary agreement to pay support to the ex-spouse and is not ordered by the court. It is usually harder to collect alimony than spousal maintenance. An ex-spouse who doesn’t fulfill their alimony obligations can only be held responsible for breach of contract, and the other party may only seek a monetary judgment against them. This could be ineffective if the defaulting party doesn’t have enough assets for the judgment to be enforced. There’s no contempt of court or jail time for failing to pay alimony.

In cases where a party has significant assets that can be seized to satisfy a judgment, alimony can be a beneficial tool in a divorce case, especially when asset division, income potential, or other factors make a fair division of the marital property challenging. Alimony often comes into play when there are substantial, hard-to-liquidate assets (like real estate) and a steady income, but no substantial cash reserves.

A court order that includes an agreement to pay spousal maintenance or support but fails to meet the legal standards for spousal maintenance creates a contractual obligation rather than a court-ordered one, meaning it can’t be enforced by contempt or income withholding.

Before deciding on an alimony agreement, it’s recommended to consult a knowledgeable divorce attorney who can help structure the agreement to protect your interests and provide advice to avoid future complications.

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