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All Just about DivorcePost-Divorce Maintenance in Texas
by:
Scott Morgan
This article provides a brief summary
on Tx
law concerning post-divorce alimony. Laws take issue
from state to state and individual circumstances vary, so you should consult with a qualified family law professional person
in your area for specific proposal
on your particular situation. Additionally, this article deals only with post-divorce alimony. It makes not address temporary alimony, which is provided for under a several provision of the Tx
Family Code.
Two Kinds of Alimony: Written agreement
and Court Ordered Maintenance
There are two kinds of post-divorce maintenance in Texas: written agreement
maintenance and court ordered maintenance. The Tx
Family Code likewise provides authority for the court to order temporary maintenance which occurs spell a divorce is pending. However, temporary maintenance is outside the scope of this article and wish not be addressed.
Contractual Maintenance
Contractual maintenance is based on an agreement between the parties in their divorce decree. For tax purposes, written agreement
maintenance is ordinarily deemed financial gain
to the receiving party and is deductible from the financial gain
of the paying party. Since written agreement
maintenance must be based on an agreement of the parties, there are no limits to the possible figure or duration of the alimony.
Court Ordered Maintenance
Court ordered maintenance is provided for by Tx
Family Code Chapter Eight. Though really awarded in only a small percentage of Tx
divorces, the court has the right to order one domestic partner to pay the else post-divorce maintenance in either of two circumstances:
1. The payor domestic partner either received postponed judgement or was condemned of a crime constituting family violence inside
two years of the filing of the divorce case, or
2. The parties have been wedded at least ten years and the receiving domestic partner has several kind of business enterprise limitation (disability, unable to activity because caring for the party's child, or lacks earning ability to meet minimum reasonable needs).
The monthly figure of court ordered maintenance is capped at the lesser of: a) $2,500 or b) 20% of the monthly payor's gross income.
The maximum duration of court ordered maintenance is three years. The only exception is once
maintenance is ordered as the result of a disability, in which case the duration can possibly
extend indefinitely.
Considerations
Where there is a large inequality
in incomes maintenance can sometimes be used as a useful settlement tool. Since maintenance is generally nonexempt to the receiving party and deductible to the paying party it can be often structured so that it is advantageous to several parties.
For example, a party in a high tax bracket can agree to do monthly maintenance payments in exchange for a more favorable property division. If the receiving party is in a lower tax bracket, the overall financial gain
tax paid could be importantly
lower than what it would-be be otherwise.
Another factor to consider is how seldom
Tx
trial courts order maintenance, absent an agreement. The statute allows for maintenance only once
the specific statutory circumstances have been proven. There are several proceeding cases that have reversed trial court decisions ordering maintenance once
the requesting party did not provide comfortable proof that the standard had been met.
In cases wherever
there is a large figure of community property, one of the most effective arguments in attempting to defeat a maintenance claim is that the requesting party wish have ample resources to provide for the party's of necessity
since he or she wish obtain a significant figure of assets from the division of property.
Another common argument used to defeat a maintenance claim is that, during the pendency of the divorce, the requesting party has not ready-made significant attempts to either obtain employment or obtain training that would-be allow the party to obtain employment.
As an example, lets take a divorce case wherever
the better half is requesting maintenance on the grounds that the marriage is longer than ten years and that she lacks the earning ability to meet her minimum reasonable needs.
If, at the time of trial after the case has been unfinished
for several months, she has ready-made no effort to obtain employment or improve her job skills, it wish be a difficult claim to succeed upon. The court is unlikely to find that she is "unable" to meet her reasonable minimum of necessity
and more likely to believe that she is unwilling to take the necessary steps in order to provide for her own support.
Conclusion
Alimony in Texas, spell seldom
ordered, is an important and complex
issue. It can be used as an effective settlement tool and can possibly
be a significant trial issue. For causal agency involved in a Tx
divorce case with a potential maintenance issue, the issue should be discussed in detail with an intimate divorce lawyer.
Just about the author:
Scott Morgan is a Tx
professional person
who practices only in the field of divorce and family law in the Houston area. For more information on Tx
divorce law, see Mr. Morgan's website at http://www.texas-divorce-info.com. It provides articles, information, a free newsletter, and else resources on the subject of Tx
divorce and family law. Spell more of the website is dedicated to Tx
divorce, it likewise provides a great deal of helpful general divorce information as well.
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