Boerne Spousal Support Lawyers
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Boerne Spousal Support Lawyers
Spousal Support in Boerne
Spousal support in Boerne can be categorized into three groups: temporary spousal support, spousal maintenance, and alimony. Each of these is utilized for strategic purposes. During the pendency of the divorce, temporary spousal support may be awarded. conjugal maintenance is post-divorce conjugal support; in Texas, eligibility for spousal maintenance is governed by rigorous legal requirements. If a spouse is eligible for spousal maintenance, it can be enforced through wage garnishment and imprisonment if the other spouse refuses or fails to pay it. Alimony is a contractual agreement between spouses that is not mandated by law and cannot be enforced through income withholding or prison time. Alimony can be useful, but it can be difficult to enforce if the wealthy spouse refuses to pay.
Temporary Spousal Support in Boerne
Each spouse in Boerne has a legal obligation to support the other (spousal support). Towards this end, the Court may issue interim orders mandating the payment of spousal support during the pendency of a divorce. In Texas, the individual requesting temporary spousal support must not contest the existence of a valid marriage. Temporary spousal support in Boerne is based on the requirements of the petitioner and is intended to cover the applicant’s spouse’s essential expenses until the final decree is issued. In Boerne, the amount of temporary spousal support is determined by (1) the extent to which the applicant cannot pay for his/her necessities during the pendency of the suit, and (2) the ability of the other spouse to pay. In re Fuentes.
Evidence of each spouse’s salaries and other forms of income, assets, and prior liabilities, as well as factors affecting earning capacity, such as health, age, and education, must be considered when deciding whether temporary spousal support will be granted. The termination of temporary marital support occurs upon the entry of a final decree. Temporary spousal support paid during the pendency of the divorce proceeding and a spouse’s failure to make temporary spousal support payments as ordered may be considered by the court in determining the final just and equitable division of property between the spouses.
A spouse in Boerne might be eligible for temporary spousal support, but not for spousal maintenance, because the eligibility requirements for each are distinct. Strategically, it is essential to be aware that a spouse may attempt to prolong the divorce process in order to maintain favorable support payments to which they would not otherwise be entitled following the divorce. When this occurs, the court may classify disproportionate spousal support payments as property awarded to the culpable litigant during the final property division. 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 Boerne.
Spousal Maintenance in Boerne
In Boerne, spousal maintenance and provisional spousal support are not synonymous. As described previously, temporary spousal support in Boerne is intended to cover a spouse’s necessary expenses during the pendency of the divorce. Spousal maintenance is a financial award given to one spouse after a divorce is granted, consisting of periodic payments from the potential income of the other spouse to support that spouse.
Eligibility for Spousal Maintenance in Boerne
In Boerne, the eligibility requirements for spousal maintenance are much stricter than those for temporary spousal support. The court may order a spouse to pay spousal maintenance if the other spouse will lack sufficient property, including the spouse’s separate property, upon divorce AND one of the following applies:
Family Violence. A spouse from whom maintenance is requested has been convicted or was granted deferred adjudication for a family violence crime carried out during the marriage against the other spouse or the other spouse’s child, and the crime happened (a) within 2 years prior to the divorce suit was filed, or (b) whilst the divorce was pending, or…
The spouse requesting support must either:
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- Need-Based. At least ten years married and unable to earn adequate income to meet the spouse’s minimum reasonable requirements.
- Spousal Disability. Unable to earn sufficient income to provide for the spouse’s minimum reasonable requirements due to a physical or mental disability that is incapacitating; or
- Child Disability. Is the custodian of a child of the marriage of any age who, due to a physical or mental disability, requires substantial care and personal supervision and prevents the spouse from generating a sufficient income to meet the spouse’s minimum reasonable requirements. Texas Family Code §8.051
Eligibility for alimony is established at the time of divorce, regardless of whether the recipient will be able to meet his or her “minimum reasonable needs” in the future through extra training or education. A court determined that a spouse seeking spousal support who had been away from the workforce since 1974 and completed one computer course and enrolled in another lacked the skills needed to earn a sufficient living. See Slicker v. Slicker. Another court determined that a spouse seeking support who obtained a real estate license but required approximately one year to get her business in real estate “rolling” lacked sufficient earning capacity. See Deltuva v. Deltuva.
Why choose Soyars & Morgan?
- Unobstructed access to our legal team. Our Boerne spousal support attorneys work diligently to provide each client with prompt responses. You will have direct access to your team of spousal support attorneys so that you can obtain answers when you need them.
- Transparency. Transparency and honesty are crucial to establishing trust with your attorney. You will always be informed of the status of your case at every stage.
- Individualized approach. Our team recognizes that no two instances are identical. Your strategy will be tailored to your and your family’s objectives. Soyars & Morgan Law handles your case from beginning to end.
When you retain the services of Soyars & Morgan Law, you can rest assured that our Boerne spousal support attorneys have the necessary credentials to handle your case.
Meet Our Boerne Spousal Support Lawyers
“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.”
“Carla took me under her protective, assertive, kind, and noble wings. I will forever be grateful. AMAZING LITIGATOR. AMAZING TEAM. ORGANIZED. TALENTED. ETHICAL.”
Boerne Spousal Support and Spousal Maintenance FAQ’s
How much Spousal Maintenance is possible?
Statutorily, 8.055 of the Texas Family Code caps the sum that a court can order a spouse to pay in spousal maintenance. On or after September 1, 2011, a court may not order maintenance that exceeds the lesser of: (a) $5,000 per month or (b) 20 percent of the spouse’s average monthly income. In determining the amount of spousal maintenance to award, courts frequently consider the requesting spouse’s monthly expenses, income, and any shortfall; however, a court is not required to completely eliminate a shortfall.
How long will I be able to get Spousal Maintenance?
The utmost duration of spousal maintenance in Boerne is proportional to the length of the marriage, UNLESS the spouse seeking maintenance is incapacitated or unable to work because he or she is caring for a disabled child. Family Code section 8.054.
Highest Duration for Spousal Maintenance
Under Texas Family Code 8.054, the court must restrict the time frame to the smallest acceptable time frame that allows the spouse wanting maintenance to earn sufficient income to provide for his/her own “minimum reasonable needs,” unless the spouse’s ability is substantially or totally diminished for one of the following reasons: (a) a mental or physical impairment of the partner seeking maintenance, (b) responsibilities as the custodian of an infant or young child of the marriage, or (c) duties as a member of the armed forces
When a spouse or child is disabled, the “shortest reasonable period” requirement is waived, and the court may order maintenance for as long as the spouse continues to meet eligibility requirements. In this instance, it is crucial that the attorney take special care when drafting the final decree, as the decree’s language will determine whether the obligee may seek continued maintenance under the disability-based criteria or whether durations will be capped under the family violence and need-based criteria.
Is it possible to terminate Spousal Support?
Indeed, the responsibility for providing spousal support ceases upon the death of either party or when the recipient remarries. Should the court determine that the recipient is cohabiting with someone in a romantic or dating relationship in a permanent residence on an ongoing basis, the support obligation must be terminated. This is in accordance with Texas Family Code §8.506.
Can Spousal Support be adjusted?
Certainly, alterations to spousal support orders can be made by submitting a modification request to the court that issued the initial order. The party requesting the change must demonstrate a significant and substantial shift in circumstances for either party, following the guidelines stated in Texas Family Code §8.506.
How do I demonstrate a significant and substantial change in circumstances to alter Spousal Support?
Can Spousal Support be enforced?
Alimony Considerations in Boerne
Conversely, if a party possesses adequate assets that can be seized to fulfill a monetary judgment, alimony can serve as an effective means of resolving divorce disputes when asset distribution, earning potential, or other factors complicate the fair division of marital assets. Alimony is often a feasible option when the parties have substantial assets (such as real estate) that are not easily liquidated but generate a consistent income without significant cash reserves.
When a court order incorporates an agreement for spousal maintenance or spousal support but fails to meet the legal requirements for spousal maintenance, the agreement establishes a debt enforceable as a contract. However, it DOES NOT CREATE A COURT-MANDATED OBLIGATION that can be enforced by contempt or income.
Prior to establishing an alimony agreement, it is essential to consult an experienced divorce attorney who can structure the arrangement to safeguard your interests and provide guidance on avoiding potential complications in the future.