Filing for a divorce can be a long process, and issues can also arise post-divorce. One of these issues can include spousal maintenance (also known as alimony). These payments are given from one spouse to another and are determined by a court judge. Our divorce attorneys in McAllen want to share a few answers to four of the most frequently asked questions on alimony payments.
What is Alimony?
Alimony payments are paid from one spouse to another to help them meet financial security. Only a Texas court can determine what is considered within “minimum reasonable needs.” These needs are considered and may impact how much money is awarded. No case is the same, and every spouse may be entitled to different financial funding through a post-divorce maintenance ruling.
How Does One Qualify for Post-Maintenance Divorce?
To qualify for post-maintenance in a divorce, the spouse must first exhibit at least one of the following:
● The marriage lasted ten or more years
● Spouse is the caretaker for a disabled child
● The spouse requesting aid can not meet minimum reasonable means due to physical or mental disabilities
Is Child Support and Alimony the Same?
Alimony and child support are not shared from the same allotment. Child support is additional pay to cover a child’s needs until they are no longer minors. The child support amount is determined by a court judge who considers the following:
- Which parent makes the most money?
- Who are the custodial/non-custodial parents?
- Does the child have any medical conditions?
- Are the biological children and step-children involved?
How Long Does Alimony Last?
There is no exact time measurement, but it must be limited to the shortest amount of time until a job can be found. However, there are some exceptions a court judge may approve for an extension on payment:
- Age of spouse
- Both spouse’s education
- Has a physical or mental disability
- Employment history and earning ability
- The marriage lasted ten or more years
- If there was marital misconduct while married
- If there is a history of spousal or family abuse
- Is the ex-spouse a full caretaker for a disabled or young child from the marriage
- If the spouse can make maintenance payments or not
What Happens if My Spouse Doesn’t Pay the Alimony
In Texas, divorce maintenance is treated quite similarly to child support and may have the same consequences, such as being held in contempt of court, wage garnishment, or, worse, jail time. Our divorce attorneys in McAllen can help file a motion with the court which will hold them accountable for their missed payments.
Contact Our Divorce Attorneys in McAllen
Call today for questions, free consultations, or any other legal aid you may require. When choosing legal representation, choose child support divorce attorneys in McAllen who will fight for what is yours, and ensure your children’s finances.