Dallas Alimony and Spousal Support Lawyer
Marriage is a partnership where household, financial, and child-rearing responsibilities are typically shared between spouses. Financial support for the household is often provided by one spouse, and even if both partners earn different incomes, they both benefit from the combined earnings.
However, in the event of divorce, a spouse who has primarily focused on home maintenance and child-rearing may face financial hardship due to their limited income. This can create a situation where one spouse may be obligated to pay spousal support, while the other may be eligible to receive it.
If you find yourself in a divorce situation where spousal support may be a consideration, or if you believe you are entitled to receive it, consulting with an experienced Alimony Attorney can provide you with the clarity and guidance you need to understand your rights and obligations in this complex matter.
Call Burns Iwuji, PLLC at (469) 213-3316 for a Free Case Evaluation!
Understanding Texas Spousal Support
In Texas, spousal support, also known as spousal maintenance, is not automatically granted to the lower-income spouse. Instead, it is determined on a case-by-case basis, taking various factors into consideration. The Texas Family Court considers the following key factors when deciding spousal support:
- Income and Earning Potential: The income and income-earning potential of both spouses are assessed.
- Education and Skills: The education levels and employable skills of each spouse are examined.
- Marriage Duration: The length of the marriage plays a significant role in determining spousal support.
- Health and Abilities: The age, physical and emotional health, and abilities of each spouse are considered.
- Contributions to Marriage: Contributions of each spouse to the marriage, including homemaking and child-rearing, are acknowledged.
- Assets and Resources: Individual and community properties and resources of each spouse are taken into account.
- Domestic Violence: Any history of domestic violence committed by either spouse is considered.
Moreover, Texas law imposes limitations on the amount of spousal support that can be awarded. For instance, the maximum amount of spousal maintenance cannot exceed either $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is less. There are also guidelines for determining the duration of spousal support payments.
To navigate these complex calculations and ensure you understand your spousal support obligations or entitlements, it’s crucial to consult with experienced Texas family law attorneys like those at Burns Iwuji, PLLC. Our firm utilizes state-of-the-art software to accurately predict spousal support amounts, providing you with valuable insights into your specific situation.
Alimony Negotiation and Modification in Texas
In Texas, spousal support, often referred to as spousal maintenance, is subject to modification or termination under specific
circumstances.
Modifications or renegotiations of spousal support typically arise when there is a significant change in the financial circumstances of either the paying party or the recipient. These changes can include factors such as job loss, disability, or illness affecting either party. Conversely, a substantial increase in the recipient spouse’s income can also warrant a modification.
Another consideration for modification is a material and substantial change in the needs of the receiving spouse or the ability of the paying spouse to meet their obligations. Additionally, unforeseen significant events that were not anticipated when the original spousal support order was issued, such as winning the lottery or receiving a large inheritance, can be grounds for modification.
It’s crucial to understand that spousal support can only be modified or terminated through a court order. Attempting to stop or reduce payments without legal authorization can lead to legal consequences, including being held in contempt of court. Therefore, if you believe that your spousal support order should be modified or terminated, it is imperative to seek the assistance of an experienced family law attorney. The dedicated team at Burns Iwuji, PLLC is here to guide you through the legal process, ensuring that your rights and interests are protected while helping you achieve your desired outcome.
Free Case Evaluation with an Experienced Alimony Attorney
Our Dallas alimony attorneys are motivated and ready to discuss your case, our process, and how we can work together to get the best results possible for you.
Call Burns Iwuji, PLLC at (469) 213-3316 for a Free Case Evaluation!