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Articles Posted in Spousal Support

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Texas Appeals Court Affirms Spousal Maintenance Modification

A spouse paying Texas spousal maintenance may seek modification if there has been a material and substantial change in circumstances, which may include significant change in their income.  In a recent case, a former husband challenged a modification award based on the modified amount of maintenance as well as the…

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Texas Appeals Court Reverses Spousal Maintenance Award

Trial courts are permitted to award Texas spousal maintenance in only limited circumstances.  If the spouse meets the eligibility requirements for maintenance, the court must consider a number of factors to determine the nature, amount, and duration.  Tex. Fam. Code § 8.052. Spousal maintenance is limited to the lesser of…

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Texas Appeals Court Reverses Spousal Maintenance Award Due to Lack of Evidence of Expenses

A Texas divorce case can become more complicated for spouses with a child with complex medical needs.  In addition to addressing issues related to custody and decision-making, the divorce may also have to address spousal maintenance for the child’s primary caregiver.  In a recent case, a husband appealed an unequal…

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Texas Appeals Court Upholds Spousal Maintenance and Reimbursement

Texas spousal maintenance is intended to provide “temporary and rehabilitative” support for a spouse who does not have the ability or assets to support themselves or whose ability to do so has deteriorated while they were engaged in homemaking activities.  Courts may award spousal maintenance only in limited circumstances if…

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Texas Spousal Maintenance Award Cannot Exceed Statutory Maximum

Texas spousal maintenance is intended to be temporary and rehabilitative. A trial court can only award spousal maintenance if the party seeking it meets certain requirements, which depend on the parties’ circumstances. A husband recently challenged a trial court’s award spousal maintenance to the wife for 81 months. According to…

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Texas Appeals Court Upholds Denial of Spousal Maintenance

Texas spousal maintenance is intended to give temporary support to a spouse whose ability to support themselves has diminished and whose assets are insufficient to support them.  After 10 years of marriage, a spouse who shows they lack sufficient property or the ability to earn sufficient income to provide for…

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Disability Can Be Established Through Lay Testimony in Texas Spousal Maintenance Case

A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability.  Tex. Fam. Code § 8.051.  Spousal support…

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Texas Appeals Court Finds Insufficient Evidence for Spousal Support

Texas spousal maintenance is allowed only in limited circumstances, including when the spouse pursuing maintenance is not able to earn sufficient income to provide for their own minimum reasonable needs due to a disability, is not able to earn sufficient income to provide for their minimum reasonable needs after at…

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