Alimony

Requests to Modify Maintenance in Texas

Published on: November 25, 2016 | by Kelly McClure

In Waldrop v. Waldrop, the trial court signed a divorce decree that found that the husband needed to pay the wife maintenance of $3,000 per month under Texas Family Code Chapter 8.001 et seq. The parties had stipulated that their agreement was enforceable as a contract.

Six years after their divorce, the ex-husband filed a petition claiming a material and substantial change in circumstances and asked that maintenance payments to the wife be modified or terminated. The trial court considered the contractual language in the maintenance clause of their agreement and heard testimony about their intent and the ex-husband’s financial situation.

The trial court determined that the decree required contractual alimony and that the modification provisions of chapter 8 didn’t apply. It also concluded that language related to “further orders of the court” was ambiguous but referred to three instances of termination stated within the decree.

Court Emphasizes Importance of Honesty During Collaborative Law Divorce

Published on: February 15, 2016 | by Kate Mataya

A Court in Houston recently reinforced the importance of honesty and full disclosure during the Collaborative Law process when it found that a husband potentially committed fraud by failing to disclose changing job circumstances. See Rawls v. Rawls, 2015 WL 5076283 (Tex. App.–Houston [1st Dist.] 2015, no pet.).

A husband and wife in Houston chose to use Collaborative Law to complete their divorce proceedings in 2014. They successfully reached a settlement that included provisions for the wife to receive portions of her husband’s bonus over the next few years. Unfortunately, before the settlement agreement was signed, the husband received a job offer, which he failed to disclose to his wife, and he resigned from his job. Full and complete disclosures of such information is a critical part of the Collaborative Law process, because the goal is to make both parties feel safe to make informed decisions. The Houston Court is currently examining whether the husband committed fraud and breached a fiduciary duty under the Collaborative Law agreement he signed by concealing his job change from his former spouse during the collaborative law process. Continue Reading ›

With Child Support Off the Table, Celebrity Asks for “Pet Support”

Published on: December 14, 2015 | by Kate Mataya

Nearly a year after separating, Mandy Moore and Ryan Adams are still trying to negotiate a settlement for divorce. The reason for the drawn out divorce? Alimony. Continue Reading ›