Lewisville Spousal Support Lawyers
What You Need to Know About Spousal Support
Going through a divorce is a stressful, emotional and even confusing experience, especially when it comes to financial responsibilities, like spousal support. That is why it is important to reach out to an experienced Lewisville divorce lawyer who can help you understand the court process regarding support and work towards obtaining a support arrangement that is best for you and your family. With years of family law practice under her belt, attorney Dina Steele works to ensure both the financial and mental well-being of her clients for the future. If you are struggling with a spousal support case, get in touch with Steele Law P.C.
Following a divorce, former spouses may find themselves entangled in a fierce battle over financial issues like spousal support. Reaching an agreement over anything may seem like an impossible feat due to the personal grudges each may hold against the other. Yet, all issues must be worked out before everyone involved, including the children, can move on with their lives.
Spousal Support Law and Definitions
In Section 8.001 of the Texas Family Code, spousal support is referred to as "maintenance." Maintenance is the award of periodic payments granted to one spouse by the court and is provided by the other spouse. The spouse who receives the payments is called the "obligee" while the spouse who makes the payments is designated the "obligor."
There are many factors that determine the outcome of a spousal support case. First, the court may order either spouse to provide maintenance for the other if, following the dissolution of the marriage, one spouse is likely to be left on financially shaky grounds and cannot provide for his or her "minimum reasonable needs." Second, if a spouse has committed an act of family violence, as defined by Section 71.004, within two years before the date on which a marriage dissolution suit was filed or while the suit is pending, then he or she may be required to provide maintenance. The obligee may also receive maintenance because he or she is physically or mentally disabled. In most situations, the couple must have been married for 10 years or more before an award of spousal support can be made by the court.
Determining Maintenance Amount and Duration
To determine the nature, duration, manner, and amount of maintenance payments, the court considers all details surrounding the marriage and each spouse’s situation upon dissolution, including:
- Duration of the marriage
- Education and employment skills of each spouse
- Ability of the obligor to make the payments
- Spouses’ roles, such as homemaker or breadwinner
- Behavior of spouses during marriage
- Malicious acts by either spouse dealing with property
- Child support payments made by either spouse
Modification of Maintenance Order
A maintenance order is not set in stone once it has been decreed by the court. If circumstances change considerably, the affected spouse may file a motion for modification. He or she must show the court substantial evidence that supports the need for a modification in the amount of maintenance. If modification is granted by the court, it shall only apply to payments made after the motion to modify has been filed.
Protect Your Future
Any decisions you make in the marriage dissolution process should be carefully considered because they can have a significant impact on your future well-being. The experienced family law legal team at Steele Law P.C. can assist you in your most vulnerable moments and fight to get a favorable result that will help you to get back on your feet after such a trying experience. Call us today at (214) 333-4357 for a comprehensive review of your case.