Kendall County Spousal Support Lawyers
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Kendall County Spousal Support Lawyers
Spousal Support in Kendall County
In Kendall County, spousal support can be divided into three categories: temporary spousal support, spousal maintenance, and alimony. Each category serves a strategic purpose, with temporary spousal support available while the divorce is pending, spousal maintenance awarded post-divorce under strict legal criteria, and alimony being a contractual agreement between the spouses. Spousal maintenance can be enforced through income withholding and jail time if the paying spouse fails to comply, while alimony cannot be enforced through these methods.
Determining which category of spousal support is best for your situation can be complicated, but our Kendall County divorce attorneys at Soyars & Morgan Law have the knowledge and experience to help guide you through the process. We will work with you to understand your options and develop a strategy that protects your interests and helps you achieve your goals.
Temporary Spousal Support in Kendall County
Each spouse in Kendall County 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 Kendall County, the individual requesting temporary spousal support must not contest the existence of a valid marriage. Temporary spousal support in Kendall County is based on the requirements of the applicant and is intended to cover the applicant’s spouse’s essential expenses until the final decree is issued. In Kendall County, 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 sources of income, assets, and prior obligations, 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.
In Kendall County, a spouse may qualify for temporary spousal support but not for spousal maintenance, as the criteria 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 excessive spousal support payments as property awarded to the guilty litigant during the final property division. Hudson v. Hudson.
Spousal Maintenance in Kendall County
In Texas, spousal maintenance and impermanent spousal support are not synonymous. As described previously, temporary spousal support in Kendall County is intended to cover a spouse’s necessary expenses during the pendency of the divorce. Spousal maintenance is a monetary compensation to one spouse after a divorce is granted, consisting of periodic payments from the future income of the other spouse to support that spouse.
Determining Eligibility for Spousal Maintenance in Kendall County
In Kendall County, the eligibility requirements for spousal maintenance are much stricter than those for impermanent 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 was convicted or received deferred adjudication for a family violence crime committed during the marriage against the other spouse or the other spouse’s child and the crime occurred (a) within 2 years before the divorce suit was filed, or (b) while the divorce was pending, or (c) more than 2 years before the divorce suit was filed.
The spouse requesting support must either:
- Need-Based. At least ten years married and unable to earn adequate income to meet the spouse’s minimum reasonable needs.
- 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 earning a sufficient income to meet the spouse’s minimum reasonable requirements. 8.051 of the Texas Family Code
Eligibility for alimony is determined 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 additional training or education. A court determined that a spouse seeking spousal support who had been out of the workforce since 1974 and had taken one computer course and enrolled in another lacked the ability to earn a sufficient living. See Slicker v. Slicker. Another court determined that a spouse seeking maintenance who obtained a real estate license but required approximately one year to get her real estate business “rolling” lacked sufficient earning capacity. See Deltuva v. Deltuva.
Why choose Soyars & Morgan?
- Access to your legal team directly. Our Kendall County spousal support attorneys work diligently to provide prompt responses to each client. 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 the Kendall County spousal support attorneys who will handle your case are fully qualified. Allow our attorneys to assist you with your legal concerns.
Meet Our Kendall County 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.”
Spousal Support and Maintenance FAQs in Texas
How much Spousal Maintenance can one receive?
The maximum sum of spousal maintenance that a court can order a spouse to pay has been statutorily capped under Texas Family Code 8.055. 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 can you receive spousal support?
In Kendall County, the utmost duration of spousal maintenance depends on the length of the marriage, UNLESS the spouse seeking maintenance is disabled or unable to work because he or she is caring for a disabled child. 8.054 of the Texas Family Code.
Maximum duration of spousal support
Under Texas Family Code 8.054, the court is required to limit the duration of maintenance to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for his/her “minimum reasonable needs,” unless the spouse’s ability is substantially or totally diminished for one of the following reasons: (a) physical or mental disability of the spouse seeking maintenance, (b) duties as the custodian of an infant or young child of the spouse seeking maintenance, or (c) an additional compelling impediment to earning sufficient income to meet the spouse’s “minimum reasonable needs.”
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.
Can spousal support be discontinued?
Yes, the obligation to pay spousal maintenance terminates upon the demise of either party or the remarriage of the obligee. The court must terminate the maintenance obligation if it determines that the oblige cohabits with another person with whom the obligee has a dating or romantic relationship at a permanent place of residence. Texas Family Code section 8.506.
Can Spousal Support be modified?
Yes, modification of spousal maintenance orders is possible by filing a motion with the court that issued the order. The party seeking modification must demonstrate a material and considerable change in either party’s circumstances, as outlined in Texas Family Code section 8.506.
How do I demonstrate a material and substantive change in my circumstances in order to modify my spousal support?
Can Spousal Support be enforced?
Alimony in Kendall County
If a party has sufficient assets that can be seized to satisfy a money judgment, however, alimony can be an effective tool for achieving resolution in a divorce where the asset division, earning potential, or other issues make it difficult for the parties to divide the marital estate fairly and justly. We frequently view alimony as a viable option when parties have large, difficult-to-liquidate assets (such as real estate) and a consistent income stream (but no large cash reserves).
When a court order incorporates an agreement to pay spousal maintenance or spousal support but does not meet the legal requirements for spousal maintenance, the agreement creates a debt that is enforceable as a contract but NOT A COURT-ORDERED OBLIGATION that is enforceable by contempt or income.
Before establishing an agreement for alimony, consult with an experienced divorce attorney who can structure the deal to safeguard your interests and advise you on how to avoid complications in the future.