One spouse often earns more than the other, while the other elects to stay home and take care of the children. Unfortunately, in most cases, the spouse who stays home and takes care of the children forfeits their right to earn an income, which can lead to a significant decrease in their quality of life if they cannot secure alternative means of support.
After a divorce, the lower-earning spouse may not be able to get the education or career necessary to earn enough to cover their expenses. This is why Texas courts award “spousal maintenance” or parties agree to “contractual alimony” in a divorce.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, gets into the details of spousal support. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Before we answer the question of what actions to take if the spousal support is not being paid, it is also important to understand the two types of spousal support under the Texas Family Code.
Spousal Maintenance
Spousal support is a legal term for payments made from one spouse to another following a divorce. A court may order these payments to help ensure that both spouses have enough money to live on after the divorce, or the spouses may agree upon them. Alimony, on the other hand, is payments that one spouse makes to the other for their past support.
Spousal maintenance can be enforced through the court by contempt (Section 8.059 of the Texas Family Code). So, for instance, let’s take the scenario of somebody who is not paying and has not requested any modification.
So, naturally, the order hasn’t been modified from what they’re supposed to be paying. In this case, you can actually enforce contempt and request jail time based upon the violations according to Texas Government Code Sec. 21.002.
Contractual Alimony
Contractual alimony is a form of spousal support that is written into a divorce agreement. It is typically paid for a specific time period or until a certain event occurs. Contractual alimony is usually less than what would be paid in regular spousal support, and it is not subject to modification or termination unless the agreement specifically states otherwise.
You cannot hold somebody in contempt and request jail time on contractual alimony. Your best bet would be getting a promissory note. It means the court would order that they owe a certain amount of dollars from whatever they didn’t pay, and then you’d have to collect on it.
Which One Is Better?
In some instances, contractual alimony is not better than spousal maintenance and vice versa. It really depends on whatever your particular situation is. Remember, every case is a fingerprint. So you just have to look at the totality of circumstances to determine what’s going to be the best course of action.
Hire An Experienced Texas Family Attorney
A lawyer can help you understand your rights and obligations with regard to spousal support. The Texas Family Code is very detailed in terms of the requirements for a spousal support order.
A lawyer familiar with these provisions can ensure your case is handled correctly. Additionally, a lawyer can help protect your interests if your spouse does not pay spousal support as ordered. Talk to attorney Tyler Monahan and schedule a free, no-obligation consultation to discuss the details.
In addition, check our website for more information about our services. Go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “Am I Going to Receive Any Spousal Maintenance?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Is a Default Divorce and How Does It Occur?
- Preparing For Your Divorce: Here’s What You Need To Know
- How Do I Deal With Harassing Text Messages During A Custody Battle?
- What Should I Bring With Me For My Initial Consultation With The Law Office Of Turner Monahan PLLC?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
