family law attorney riverside

family law attorney riverside
This article gives a brief overview on Texas law concerning post-divorce maintenance in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your specific situation. In addition, this article deals only with the post-divorce maintenance. It is not about temporary alimony, under another provision of the Texas Family Code.

Two types of maintenance: Contractual and ordered maintenance

There are two types of post-divorce maintenance in Texas: contractual maintenance and maintenance of court. The Texas Family Code authority for the court to order temporary alimony which occurs while a divorce is pending. However, temporary maintenance is not included in the scope of this article and are not addressed.

Contractual maintenance

Contractual alimony is based on an agreement between the parties in their divorce. For tax purposes, contractual maintenance is usually taxed as income to the receiving party, and to deduct from the profit and loss account of the paying agency party. Since the contractual maintenance must be based on an agreement by the parties, there are no limits to the possible amount or duration of alimony.

Court Maintenance

Court is responsible for the maintenance of Texas Family Code Chapter Eight. Though actually awarded only a small percentage of Texas divorces, the court has the right, one of the spouses to pay the other after the divorce maintenance in either of two circumstances:

1. The payor spouse either received deferred Adjudication or convicted of a crime, the violence in the family within two years after the filing of the divorce case, or

2. The parties are married at least ten years and the receiving spouse has some kind of financial limitation (disability, unable to work because of the concern for the party of the child, or lacks the ability to earn at least the reasonable needs).

The monthly amount of court maintenance is on the lower of: a) $ 2,500 or b) 20% of the monthly payor's gross income.

The maximum duration of the maintenance court for three years. The only exception is when maintenance is ordered as the result of a disability, in this case the duration may extend for an indefinite period.

Considerations

Where there is a large disparity in incomes alimony can sometimes be a useful tool settlement. Since maintenance is generally taxable to the receiving party and deductible to the paying office party, can often structured so that it is advantageous for both parties.

For example, a party in a high tax bracket can cause monthly payments in exchange for a more favorable property division. If the recipient is in a lower tax bracket, the income tax paid could be significantly lower than what it would be different.

Another aspect is how rarely Texas courts order maintenance, absent an agreement. The law only allows for the maintenance, if the specific statutory requirements have been vindicated. There are several cases in which appellate court panel reversed decisions, maintenance, if the requesting Party does not provide sufficient evidence that the standards have been met.

In cases where a large number of community property, one of the most effective arguments in the trial against is a request that the requesting Party sufficient resources to provide for their needs, because the party is a significant part of the assets of the division of property.

Another common argument used to oppose an application is that during the pendency of the divorce, the requesting party has not tried to make a substantial either work or receive training, which enables the party to an employment.

As an example, there is a divorce when the wife sought maintenance on the grounds that marriage is more than ten years and that they do not have the ability to earn, at least for their reasonable needs.

The case was up to several months and at the time of the audit has not yet efforts to increase employment or improve their professional skills, it will be a difficult claim to succeed. The court is not expected that they "not" to make them reasonable minimum and more likely to believe that she is not willing to take the necessary steps to provide for their own support.

Conclusion

Maintenance in Texas, while rarely ordered, is an important and complicated subject. It can be an effective solution tool and can potentially be a significant trial issue. For someone with a Texas divorce case with a potential alimony issue, the issue should be considered in detail with an experienced divorce lawyer.

About the Author

Scott Morgan is a practicing Texas divorce attorney. For more information on Texas divorce visit his website at http://www.texas-divorce-info.com. The site provides general information and resources to the divorce, as well as specific information on Texas divorce law.