Alimony Attorney in Arlington & DFW Areas
Divorce Attorney Offers Spousal Support Litigation
The Family Law Offices of David Kohm offer legal counsel and representation for divorce and alimony cases. Because several limitations apply to alimony payments, Texas courts do not award alimony payments often. There are some extenuating circumstances, however, where spousal support may be necessary to maintain an adequate standard of living. It’s best to discuss your divorce with an alimony attorney to learn all your options.
Learning More About Alimony in Texas
Alimony, often called spousal maintenance or spousal support, has many limitations. The idea of alimony is to provide a former spouse with periodic payments since during the marriage one spouse may have been the main financial provider of the family. In Texas, alimony is only awarded in limited circumstances.
For spouses that have dedicated their years to being a stay at home parent or home caretaker, a divorce can be especially difficult if they have been out of the work force or cannot receive the same salary as their previous lifestyle provided. Especially if children are involved, an experienced Arlington alimony attorney can advise you on your options.
Alimony in Texas is only awarded in two limited scenarios and is still not a guaranteed. The two circumstances that would qualify to have a judge order spousal support in a divorce would include if a spouse is convicted of domestic violence or if the marriage was ten years or longer. If domestic violence is accused, the date of the petition for divorce must have occurred within two years. Only if these circumstances exist will there be consideration of spousal support, and the spouse seeking the alimony must show that he/she does not have sufficient resources to live within reasonable parameters.
If there are children and any one of them has a disability preventing a spouse from being employed due to the constant care required, alimony can be sought. A spouse that shows an inability to earn a living that is considered below an adequate level can also try to receive alimony payments. Even if a judge orders spousal maintenance, there are still limitations to what a person can receive and the time frame they will receive payments for. Discuss all your options with an alimony attorney to see if you qualify for spousal support.
Spousal support payments cannot exceed three years in Texas unless the ex spouse has physical or mental disabilities that does not allow him/her to be self-supporting. The most a judge can order for spousal maintenance is either $2500.00 a month or 20% of the paying spouse’s average monthly gross income, depending on which is the lesser amount. Texas alimony statutes pose many challenges to overcome. Having an experienced Arlington alimony attorney is important in trying to obtain spousal maintenance because of the necessity to prove the limited scenarios in a narrowly focused aspect of divorce law.
Choosing the Right Divorce Attorney for Spousal Support
Texas alimony rules went into effect in 1995, but are still a difficult facet of divorce law that should only be handled with the help of a qualified alimony attorney. At the Law Offices of David Kohm, our attorneys focus on all areas of divorce, alimony, and family law. If you have more questions about spousal support or would like a consultation from one of our alimony attorneys, please contact our office. You can also complete our online request form, and my staff will call you to follow up.