Spousal maintenance, often referred to as alimony, is a court-ordered payment that one spouse may be required to make to the other after a divorce. In Texas, spousal maintenance is governed by strict guidelines set forth in the Texas Family Code, ensuring that financial obligations are met during and after the divorce process.
But what happens if your spouse misses several spousal maintenance payments? Can they be required to pay a lump sum to cover the missed payments? Let’s explore this topic in detail, including key scenarios, relevant legal statutes, and what actions can be taken if payments fall behind.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Spousal Maintenance in Texas: An Overview
In Texas, spousal maintenance is not automatically granted in all divorce cases. It’s typically awarded when one spouse is unable to meet their reasonable needs after the marriage dissolution. According to the Texas Family Code, Section 8.051, spousal maintenance may be ordered if:
- The spouse seeking maintenance cannot provide for their minimum reasonable needs due to a physical or mental disability.
- The marriage has lasted 10 years or longer, and the spouse lacks sufficient property or income to meet their needs.
- The paying spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing.
If your ex-spouse fails to meet these court-ordered payments, there are several legal options available to address the missed payments.
Missed Spousal Maintenance Payments: Common Scenarios
Let’s examine a few scenarios where a spouse may miss spousal maintenance payments and how this can be handled legally:
Scenario 1: Sporadic Missed Payments
In some cases, a spouse may miss payments sporadically, citing financial difficulties. If this occurs, it’s essential to communicate with your spousal maintenance attorney. Depending on the situation, the court may:
- Grant a temporary relief plan to catch up on payments.
- Adjust future payments if the paying spouse’s financial situation has drastically changed.
The Texas Family Code provides that when payments are missed, the receiving spouse can file a motion to enforce the court order. This is where the possibility of a lump-sum payment comes in.
Scenario 2: Ongoing Non-Payment
If the spouse consistently fails to make payments, the receiving spouse can seek court enforcement. The court may:
- Require the spouse to make a lump sum payment for the missed amounts.
- Garnish wages or place liens on property to ensure the owed amount is collected.
Section 8.059 of the Texas Family Code gives the court authority to enforce spousal maintenance through wage withholding. However, for lump-sum payments, the receiving spouse must file a formal motion to bring the issue to court.
Can a Lump Sum Be Ordered for Missed Payments?
In Texas, the court has the discretion to enforce spousal maintenance orders in several ways, including ordering a lump sum payment for arrearages. This means if a spouse has missed several payments, the court may require them to pay the total outstanding balance at once. This is typically reserved for cases where the paying spouse is found to be willfully neglecting their obligation or repeatedly defaulting on payments.
Section 8.054 of the Texas Family Code limits the duration and amount of spousal maintenance, but when payments are missed, the court may order compensation through property division or other financial means. This may include liquidating assets or transferring property to cover the missed payments.
Legal Enforcement: What Are Your Options?
If you’re in a situation where spousal maintenance payments have been missed, it’s crucial to consult with an experienced family lawyer to understand your rights and options.
Here are some legal avenues available to you:
Motion to Enforce
File a motion in family court requesting the judge to enforce the maintenance order. The judge can then order the spouse to pay all missed payments in a lump sum.
Wage Garnishment
Under Section 8.059, wage garnishment is a common method of enforcement in Texas. The court can order that a portion of the spouse’s wages be directly withheld from their paycheck.
Contempt of Court
A spouse who refuses to pay spousal maintenance may be held in contempt of court, which could result in fines, wage garnishment, or even jail time.
Lien on Property
The court can place a lien on the non-paying spouse’s property to secure the owed amount.
By working with a top divorce attorney in Fort Worth or Tarrant County, you can ensure that your spousal support rights are protected.
Turner Monahan PLLC – Here to Support You
Navigating missed spousal maintenance payments can be complex. Working with a reputable law firm like Turner Monahan, PLLC, is essential in ensuring your rights are protected. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
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.
