Am I Eligible For Spousal Support In Texas? – Alimony

Divorce is one of the most emotional proceedings in Texas courts. What can make divorce an even more emotional happening is the possibility of supporting an ex-spouse, oftentimes in addition to the division of community property and the payment of child support. This can be overwhelming for the spouse that is ordered to pay spousal support or maintenance. However, this may be a just and right solution to the ex-spouse who is unable to earn enough income due to barriers created during the marriage. Spousal support, or what the Texas statute refers to as spousal maintenance, is a fortunate solution for ex-spouses. What is spousal support and who is eligible? Let’s discuss. FAMILY LAW ATTORNEYS (832) 410-8935 What is Spousal Support or Spousal Maintenance? Chapter 8 of the Texas Family Code defines ‘maintenance’ as, “an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.” The Code states that the award of spousal maintenance would oblige one spouse to make periodic payments from future income to support the other spouse. Who is Eligible for Spousal Support or Spousal Maintenance? An ex-spouse is not automatically eligible for spousal maintenance. Chapter 8 of the Texas Family Code also outlines who in fact may apply for and receive spousal maintenance. Section 8.051 of the Code states, In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses […] the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and:  the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:          (A)  within two years before the date on which a suit for dissolution of the marriage is filed; or(B)  while the suit is pending; or  the spouse seeking maintenance: (A)  is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an  incapacitating physical or mental disability; (B)  has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or (C)   is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs. In short, the court will consider whether the spouse seeking maintenance will lack sufficient property — including  the spouse’s separate property–on dissolution of the marriage to provide for the spouse’s minimum reasonable needs....
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Guardian Ad Litem vs. Attorney Ad Litem

Protecting the interests of a ward, or proposed ward is a Texas court’s primary interest. In order to protect those interests, the court may appoint individuals with distinct duties to represent a ward or proposed ward. Two of those individuals are called a guardian ad litem and an attorney ad litem. What are their roles and who do they differ? Let’s see. CALL (832) 410-8935 – DIVORCE ATTORNEYS What is a Guardian Ad Litem? To best understand the role of a guardian ad litem, it is best to look to the Texas Family Code for a definition. Section 107.001 of the Code defines a guardian ad litem as, A person appointed to represent the best interests of a child.  The term includes: (A)  a volunteer advocate from a charitable organization described by Subchapter C who is appointed by the court as the child’s guardian ad litem; (B)  a professional, other than an attorney, who holds a relevant professional license and whose training relates to the determination of a child’s best interests; (C)  an adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child; or (D)  an attorney ad litem appointed to serve in the dual role. TRENDING TOPICS Best Interests of the Child | Retroactive Child Support | Temporary Restraining Order Duties of a Guardian Ad Litem According to Section 107.002 of the Texas Family Code, a guardian ad litem may: conduct investigations: review medical records, medical care, and school records; interview the ward or proposed ward –4 years old or older in an appropriate manner – and individuals with knowledge of the ward’s history; consider the ward’s expressed objectives; encourage settlement and the use of alternative forms of dispute resolution; and any other duty ordered by the court. A guardian ad litem is also entitled to receive copies of pleadings; attend court procedures; participate in case staffings by the Department of Child Protective Services; review and sign orders considering the ward or proposed ward; testify in court proceedings to the best interests of the ward; and the bases for the guardian ad litem’s recommendations to the court. Although the guardian may attend court proceedings, this is not to be confused with representing the ward or proposed ward’s legal interest. In sum, the guardian ad litem’s purpose is to push for a ward or proposed ward’s best interest. The guardian will push for the ward or proposed ward’s best interest without representing the ward in a legal manner. What is an Attorney Ad Litem? In order to represent a child, ward, or proposed ward’s legal interests, the court will often appoint an attorney ad litem which the Texas Family Code defines as, “an attorney who provides legal services to a person, including a ward, and who owes to the person the duties of undivided loyalty, confidentiality, and competent representation.” (For a more in-depth discussion see Attorney Ad Litem Article). Duties of an Attorney Ad Litem According to Section...
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What Does “Best Interest Of The Child” Mean?

Many times in legal proceedings that include children, the term “best interest of the child” arises. This term is most prominent in suits affecting the parent-child relationship. What is considered the best interest of the child and when is it important? Let’s discuss. CALL THE DIVORCE ATTORNEY IN HOUSTON (832) 410-8935. What does “Best Interest of the Child” Mean? The best interest of the child is one of the most monumental considerations by the court when a child is involved. Section 153.002 of the Texas Family Code states, “The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” Factors to Determine the Best Interest of the Child The Texas statute is very vague on what exactly this very monumental standard means. The Code does not list a set of factors to help courts determine the best interest of the child. In instances like this, where statutes are lacking in definitions, courts and legal professionals look to legal precedent set by previous cases that attempted to answer this question. Legal precedent has set the following as factors the courts may consider in determining the best interest of the child. These factors include, but are not limited to: What the child actually desires Present and future emotional and physical needs of the child Present and future emotional and physical danger to the child The ability of each each individual seeking custody to parent the child The income and home environment of each individual seeking custody Programs available to each individual seeking custody that may aide in promoting the best interest of the child Any history of family violence of each individual seeking custody The future plans set for the child made by each individual seeking custody The ability of each individual seeking custody to maintain stability in the child’s life Any act or omission of an act from each individual seeking custody that may potentially harm the child What Weight does a Child’s Preference have? The Texas Family Code allows a child of a certain age to make a determination in writing of that child’s preference to a certain situation. Section 153.009 of the Texas Family Code states: “In a nonjury trial or at a hearing, on the application of a party, the  amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child’s wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child’s primary residence.  The court may also interview a child in chambers on the court’s own motion for a purpose specified by this subsection.” This section states that a child over 12 years of age may be interviewed in the judge’s chambers to determine the child’s wishes. However, it is monumentally important...
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Retroactive Child Support – Back Child Support in Texas

Oftentimes, many parents believe that unless a court order is given, child support payments do not need to be paid. These parents are mistaken and will be unpleasantly surprised with retroactive child support. This article will discuss what retroactive child support means and how is it determined. CALL THE HOUSTON DIVORCE EXPERTS AT (832) 410-8935 What is Retroactive Child Support? Retroactive Child Support occurs when a parent who should have been making child support payments, prior to the date the court order was established, fails to do so. Two statutes in the Texas Family Code discuss retroactive child support: Section 154.009 and Section 154.131. Back Child Support in Texas Section 154.009 of the Texas Family Code states, (a) The court may order a parent to pay retroactive child support if the parent: has not previously been ordered to pay support for the child; and was not a party to a suit in which support was ordered. (b)  In ordering retroactive child support, the court shall apply the child support guidelines provided by this chapter. (c)  Unless the Title IV-D agency is a party to an agreement concerning support or purporting to settle past, present, or future support obligations by prepayment or otherwise, an agreement between the parties does not reduce or terminate retroactive support that the agency may request. (d)  Notwithstanding Subsection (a), the court may order a parent subject to a previous child support order to pay retroactive child support if: the previous child support order terminated as a result of the marriage or remarriage of the child’s parents; the child’s parents separated after the marriage or remarriage; and a new child support order is sought after the date of the separation. (e)  In rendering an order under Subsection (d), the court may order retroactive child support back to the date of the separation of the child’s parents.   As outlined above, the court may order a parent to pay retroactive child support if the parent had not been ordered to have done so before. Note, according to this section, if an agreement to pay child support had been halted and later on needed to be reactivated, retroactive child support may also kick in. This will be better illustrated through an example. Suppose child support payments were halted due to a new marriage; when that marriage ends, the need for child support will be reactivated. The court then may order retroactive child support initiating at the date of separation. Factors Considered in Ordering Retroactive Child Support The court will consider many factors in rendering an order for retroactive child support. These factors are outlined in Section 154.131 of the Texas Family Code which states, (a) The child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered. (b)  In ordering retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whether: the mother of the child had made any...
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Temporary Restraining Orders in Texas, Harris County

Circumstances arise in which parties are in need of immediate protection from certain individuals. Fortunately, the Texas Family Code provides an immediate response to potential danger and provides protection to a party, a child, or property. This protection comes in the form of a Temporary Restraining Order (TRO). What is a TRO and what does it do? Let’s discuss. Need help now? If you are in danger, then contact the police. If you need to speak to a family law attorney call (832) 410-8935. What is a Temporary Restraining Order? A TRO serves the purpose of restraining a party from a specific behavior that is prohibited by the TRO. Section 6.501 of the Texas Family Code outlines about 23 behaviors that a TRO can be issued to restrain. In short, the court states upon filing of a suit for the dissolution of a marriage, the court may grant a TRO without notice to the adverse party for the “preservation of the property and for the protection of the parties as necessary”. The TRO can prohibit one or both parties from – including but not limited to— the following: Communication or threatening the other party with the intent to annoy or alarm the other party. This includes placing anonymous phone calls repeatedly to offend or annoy the other party; Intentionally, knowingly, or recklessly causing bodily injury to the other party or to a child of either party or threatening either party with imminent bodily injury; Threatening the other party or a child of either party with imminent bodily injury; Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either party; Falsifying a writing or record; Refusing to disclose important information to the other party or court; Refusing to disclose the amount or location of certain property; Intentionally damaging or destroying or tampering with property to create substantial loss or substantial inconvenience to the other party; Selling or transferring property of either party unless authorized by the court; Incurring debt; Withdrawing money from any financial institution or spending money in either party’s possession; Withdrawing money for any purpose from a retirement plan or life insurance policies; Entering a safe deposit box of either party; Changing or altering the name of a beneficiary of a life insurance policy; Canceling, altering, or failing to renew all insurance policies; Opening mail or communication addressed to the other party; Signing or endorsing the other party’s name on any negotiable instrument, check, or draft; Taking any action to terminate or limit credit or charge credit cards in the name of the other party; Destroying, disposing of, or altering any financial records of the parties; Destroying, disposing of, or altering any e-mail, text message, video message, or chat message or other electronic data relevant to the subject matter of the suit for dissolution of marriage; Deleting any data or content from any social network profile used or created by either party or a child of the parties; Terminating...
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Grounds For Annulment

The terms annulment and divorce are oftentimes confused. Although, at first glance, these terms might seem similar, they are actually very distinct. In short, a divorce occurs to end a once valid marriage; an annulment occurs to end a marriage that was never valid.  In order to determine whether or not a marriage is valid, it is important to review the grounds for annulment. Contact our Texas Family Law Attorneys Today (832) 410-8935. Grounds for Annulment in Texas Chapter 6 of the Texas Family Code allows an annulment in the following circumstances: annulment of marriage of a person under age 18; under the influence of narcotics; impotency; fraud, duress, or force; mental incapacity; concealed divorce; marriage less than 72 hours after issuance of license; and the death of party to voidable marriage. Annulment of Marriage of Person Under Age 18 Section 6.102 of the Texas Family Code states, “The court may grant an annulment of a marriage of a person 16 years of age or older but under 18 years of age that occurred without parental consent or without a court order as provided by Subchapters B and E, Chapter 2.” It is important to note that the suit to annul a marriage under this section may not be filed by a parent or guardian of a person after the 18th birthday of the person. Annulment of Marriage Made Under the Influence of Alcohol or Narcotics Section 6.105 of the Texas Family Code states, The court may grant an annulment of a marriage to a party to the marriage if: at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage; and the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended. Annulment of Marriage Due to Impotency Section 6.106 of the Texas Family Code states, The court may grant an annulment of a marriage to a party to the marriage if: either party, for physical or mental reasons, was permanently impotent at the time of the marriage; the petitioner did not know of the impotency at the time of the marriage; and the petitioner has not voluntarily cohabited with the other party since learning of the impotency. Annulment of Marriage Due to Fraud, Duress, or Force Section 6.107 of the Texas Family Code states, The court may grant an annulment of a marriage to a party to the marriage if: the other party used fraud, duress, or force to induce the petitioner to enter into the marriage; and the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force. Annulment of Marriage Due to Mental Incapacity Section 6.108 of the Texas Family Code states, (a)  The court may grant an annulment of a marriage to a party to the marriage on the suit...
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Annulment Marriage vs. Void Marriage

The dissolution of marriages is a common happening in Texas Courts. Dissolution could occur through proceedings such as divorce or annulment. A marriage may also be considered completely void. What is the difference between a marriage dissolved by annulment and a marriage that is voided? Let’s see. If you are considering a divorce in the Houston area, then contact our family law attorneys at (832) 410-8935. Texas Marriages Dissolved by Annulments Chapter 6 of the Texas Family Code allows an annulment in the following circumstances: annulment of marriage of a person under age 18; under the influence of narcotics; impotency; fraud, duress, or force; mental incapacity; concealed divorce; marriage less than 72 hours after issuance of license; and the death of party to voidable marriage (See Grounds for Annulment Article). In short, an annulment occurs to end a marriage that was never valid to begin with. Void Marriages in Texas Annulments and void marriages are oftentimes confused. However, Section 6.201 through 6.206 of the Texas Family Code describes the instances in which a marriage can never occur. These instances will automatically make a marriage a void marriage. Under the Texas Family Code, a marriage is void [never occurred] if: consanguinity exists; a marriage is entered into when either party is already married; marriage with one party being a minor; marriage entered into when either party is a stepchild or stepparent. Consanguinity Section 6.201 of the Texas Family Code declares a marriage void due to consanguinity if, one party to the marriage is related to the other as: an ancestor or descendant, by blood or adoption; a brother or sister, of the whole or half blood or by adoption; a parent’s brother or sister, of the whole or half blood or by adoption; or a son or daughter of a brother or sister, of the whole or half blood or by adoption. In short, blood relatives are off-limits in Texas. Marriage During Existence of Prior Marriage Section 6.202 of the Texas Family Code declares a marriage void if, “entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.” If this circumstance exists, the Texas Code declares that the later marriage that is void under this section, becomes valid when the prior marriage is dissolved, and the new spouses live together as husband and wife. Marriage to a Minor Section 6.205 of the Texas Family Code declares a marriage void if, “either party to the marriage is younger than 16 years of age, unless a court order has been obtained under Section 2.103.” Marriage to a Stepchild or Stepparent Section 6.206 of the Texas Family Code declares a marriage void if, “a party is a current or former stepchild or stepparent of the other party.” Annulments vs. Void Marriages Void marriages are brought through a legal proceeding called a “suit to declare a marriage void”. In this proceeding, the court will look to...
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