San Antonio Spousal Support Attorney
Handling Issues of Spousal Maintenance and Support in Texas
Divorce is a challenging experience for many, and one of the most difficult issues to address is spousal support or maintenance. If you’re facing a divorce or post-divorce situation in San Antonio, I’m here to help you navigate the complexities of spousal support. Whether you’re requesting support or paying support, my law firm specializes in spousal maintenance matters, and I’m committed to ensuring your financial interests are protected.
What is Spousal Support and Spousal Maintenance?
Spousal support, also known as spousal maintenance, is financial assistance that one spouse may be required to pay the other after a divorce. In Texas, spousal maintenance is awarded based on several factors outlined in the Texas Family Code.
Factors That Impact Spousal Maintenance in San Antonio
When Texas courts award spousal maintenance, they consider the following:
- Length of the marriage: A marriage lasting 10 years or longer increases the likelihood of spousal maintenance being granted.
- Your earning ability: The court will assess your ability to earn a sufficient income based on your education, employment history, and work opportunities.
- Mental or physical disabilities: If you or your spouse has a physical or mental disability that affects their ability to earn a living, the court may grant maintenance.
- Family violence: A history of domestic violence may impact the duration and amount of spousal support payments.
- Your spouse’s education and employment skills: The court will evaluate the spouse’s ability to earn income based on their employment skills, education, and job history.
I will make sure the court understands all the important factors in your case to ensure a fair decision.
What is the Financial Limit for Spousal Support in Texas?
Alimony payments in Texas are statute-based. Spousal maintenance cannot exceed 20% of the paying spouse’s gross monthly income or $5,000 per month, whichever is lower. This family law seeks to provide a reasonable amount for the dependent ex-spouse to live on, while not over-taxing the working one.
What is the Duration of Spousal Maintenance Payments?
Under the Texas Family Code, the duration of spousal maintenance (alimony) is primarily determined by the length of the marriage. The court aims to limit support to the shortest reasonable period. Maximum durations are as follows:
- Marriages less than 10 years: If spousal maintenance is awarded due to a family violence conviction, the duration cannot exceed 5 years.
- Marriages between 10 and 20 years: Maintenance is capped at 5 years.
- Marriages between 20 and 30 years: Maintenance can be ordered for up to 7 years.
- Marriages lasting 30 years or more: Maintenance may continue for up to 10 years.
Exceptions exist, such as when the spouse seeking maintenance has a physical or mental disability, is the custodian of a child with a disability, or faces another compelling impediment to earning sufficient income.
Post-Divorce Maintenance and Modifications
If your financial circumstances change or if you experience a significant life event, such as a disability or a major change in earning capacity, I will assist you in seeking a modification to your spousal support order. This applies whether you are giving or receiving support. Texas courts allow for modifications in response to a change in circumstances.
Spousal Support in Cases of Domestic Violence
If there has been a history of domestic violence in your marriage, this will be a key factor in the court’s decision regarding spousal maintenance. Family violence can increase the length and amount of maintenance awarded. My law firm is experienced in handling cases of family violence, and I will work with you to ensure your safety and well-being are prioritized in the legal process.
The Impact of Disability on Spousal Support
If you or your spouse suffers from a disability that limits your ability to earn sufficient income, I will ensure that the court fully understands how this impacts your financial situation. In cases of mental health issues or physical disabilities, the court may grant long-term spousal maintenance to help ensure that the spouse with limited earning capacity can meet their minimum reasonable needs.
Why Choose Bergmann Law Firm PLLC?
At Bergmann Law Firm PLLC, I specialize in spousal maintenance matters and have extensive experience handling family law cases in San Antonio. My goal is to ensure that you receive the financial support you need or that you do not bear an unfair financial burden. Whatever your situation, you deserve justice. I will work tirelessly to protect your interests. Contact my office for an initial consultation. I’m here to help guide you through the process and provide the compassionate, effective representation you deserve.
Frequently Asked Questions for Spouses Seeking Support in Texas
How do I prove my need for spousal support?
You will have to show financial need and that you lack sufficient income or assets to support yourself. I will help gather and present financial records to support your case.
Does my spouse’s income affect my eligibility for spousal maintenance?
Yes, the court will consider both your financial need and your spouse’s ability to pay. If your spouse has substantial income, it may impact on the support you receive.
Can I receive spousal maintenance if I didn’t work during the marriage?
Yes, if you were financially dependent on your spouse and met Texas eligibility requirements, you may qualify.
How do I request spousal maintenance in a Texas divorce?
You must request it during divorce proceedings, providing evidence that you qualify. I can help prepare and present your case to ensure you receive the support you need.
Do I need to file a separate request for spousal support, or is it part of the divorce process?
Spousal support is requested as part of the divorce case, but you need to specifically ask for it. Bergmann Law Firm, PLLC, can help guide you through this process.
What happens if my ex-spouse stops paying for spousal support?
If your ex-spouse refuses to pay, you can take legal action to enforce the order. My law firm will help file a motion for enforcement to ensure you receive what you’re owed.
What happens to spousal support if I remarry or start cohabitating with someone?
Under Texas law, your spousal support automatically ends if you remarry or begin living with a new romantic partner.
Does my ex-spouse losing their job affect my spousal maintenance?
Possibly. If your ex-spouse experiences substantial financial hardship, they may request a modification, but they must prove the change is significant and ongoing.
Can I still receive spousal support if I move to another state?
Yes, spousal maintenance orders are enforceable across state lines, but if you move, you may need to register your order in the new state.
How can I enforce a spousal support order in Texas?
If your ex-spouse stops paying, I can file a motion for enforcement, which may result in wage garnishment or other penalties. Bergmann Law Firm, PLLC, is ready to assist you in taking legal action to collect unpaid support.
Can I get spousal support if I represent myself in court?
Yes, but spousal maintenance cases can be complex, and having an experienced attorney improves your chances of a successful outcome. As an experienced spousal support lawyer in San Antonio, you can count on me to represent your interests effectively.
Frequently Asked Questions for Those Ordered to Pay Spousal Support in Texas
How can I fight a spousal support order in Texas?
If you believe the spousal support order is unfair, I can help you challenge it by showing that your ex-spouse does not meet the requirements. There are legal strategies to fight an order, and I can guide you through the process.
What are my legal options if I believe my spousal maintenance order is unfair?
You have the right to appeal, request a modification, or present new evidence to challenge the court’s decision. I can help you explore the best approach for your situation.
Can I appeal a spousal support decision in Texas?
Yes, you can appeal if there is a legal error in the decision. Appeals must be based on legal grounds, so I would review your case to determine whether an appeal is viable.
Can I refuse to pay for spousal support if I think my ex doesn’t need it?
No, you must follow the court order unless it is modified or terminated. If you believe your ex-spouse is no longer eligible, I can help you file a request to reduce or stop payments.
How do I modify or reduce spousal maintenance payments in Texas?
If your financial situation has changed significantly, or if your ex-spouse no longer needs support, you can request a modification. I can help you file the necessary motion and present your case in court.
Does my ex getting a job or a raise affect my spousal support payments?
Yes, if your ex-spouse is now earning enough to support themselves, you may be able to have your payments reduced or terminated. I can help you gather the necessary evidence and file a request with the court.
Can I stop paying for the maintenance if my ex moves in with someone?
Yes, if your ex-spouse is cohabiting with a new partner in a marriage-like relationship, you may be able to terminate support. I can help you prove cohabitation and request an end to your payments.
Can I challenge spousal support if my ex can work but chooses not to?
If your ex-spouse is intentionally underemployed to continue receiving support, I can help you present evidence to challenge the order. Courts expect both parties to make reasonable efforts to be financially independent.
What happens if my ex lied about their financial situation to get support?
If your ex-spouse misrepresented their finances, you may be able to challenge the spousal support order. I can help you gather evidence and take legal action to correct the situation.
Can I negotiate a lump sum payment instead of monthly spousal support?
Yes, in some cases, a one-time lump sum payment can replace ongoing support. I can help you negotiate an agreement that works in your best interest.
How can I protect my assets from spousal support claims?
Prenuptial or postnuptial agreements can help protect your assets. If you are already facing a support order, I can help you identify legal ways to minimize your financial exposure.
Can I go to jail for not paying for spousal support in Texas?
In extreme cases, failure to pay court-ordered spousal support can lead to contempt of court charges, which may include fines or jail time. If you are struggling to pay, contact me immediately to discuss your options.
How can I avoid paying spousal maintenance in a Texas divorce?
You can negotiate a divorce settlement that does not include spousal support or demonstrate that your spouse does not meet the legal requirements for maintenance. I can help you strategize to avoid unnecessary payments.
Does a prenuptial or postnuptial agreement protect me from spousal support?
Yes, a well-drafted prenup or postnuptial agreement can limit or eliminate your spousal support obligations. If you are planning to get married or already have an agreement in place, I can review it to ensure it protects you.
Can I protect my income from spousal support before filing for divorce?
Certain financial and legal strategies can reduce your exposure to spousal maintenance. I can help you plan ahead to protect your earnings and assets.
What legal strategies can I use to minimize spousal support payments?
You can challenge your ex-spouse’s eligibility, negotiate a lower amount, or argue for a shorter duration. I will work with you to develop the best approach for minimizing your financial burden.