Rockwall Spousal Support Attorney
How can a representative from the firm help you?
If you are facing dissolution of your marriage then you will face various issues that need to be addressed and resolved such as spousal support. Spousal support involves money payments made to one of the spouses after a marriage has been dissolved. If you are facing spousal support issues of any kind then you will greatly benefit from the legal assistance of Rockwall divorce attorney Shannon M. Estrada.
Establishing Temporary Spousal Support in Texas
Many cases of divorce involve one spouse that is dependent on another, thus creating the need for financial support because the divorce legally terminates the financial sharing from which they once benefited. Temporary spousal support is granted to spouses whose financial situations call for additional support during the interim period between filing for the dissolution of a marriage and the finalization of the divorce. If granted, temporary support will be carried out through the duration of the divorce process, and only ended once the marriage has been officially terminated. When determining the amount of spousal support that will be issued to a particular spouse, Texas courts will review the following criteria:
- The financial resources of the spouse who is seeking support payments
- The duration of a couple's marriage
- The age, earning capacity, and health of the person who is seeking support
- The skills and education level of each spouse, and their ability to seek new skills or higher education
- The relative financial resources of each spouse
- The ability of the supporting spouse to meet the financial needs of the spouse seeking support
- The involvement of marital misconduct made by the spouse seeking support
- The contribution of one spouse to the other's job training or education
- The efforts made by the spouse seeking support to pursue employment advisement
- The homemaking contributions made by the spouse seeking support
Alimony vs. Spousal Support
Spousal support is always issued on a temporary basis. In most cases, it is the court's intention that spousal support will continue for only as long as is required of the spouse required order to reach financial stability. Generally, the time limit for receiving spousal support payments maxes out after three years. It is the assumption that this three-year time period more than allows for the necessary time needed to seek and find methods of financial independence.
Alimony is the long-term form of spousal support, and it is often referred to as spousal maintenance. Once a divorce has been finalized, the spouse seeking support payments has the discretionary ability to request that the court grant him or her alimony. Again, the courts will look at the same components listed above in order to make a determination regarding this request. No matter what, however, the amount of support that is ultimately granted cannot exceed the pre-established cap of $2,500 a month.
Exceptions to the Spousal Support Law
Although there are strict guidelines as to how much support or maintenance will be given to a divorced spouse, as well as for how long these payments must be made, there are exceptions to these rules. As mentioned above, it is generally assumed that all spousal support payments will last no more than three years and exceed no more than $2,500 a month. Some circumstances, however, negate these standards.
In cases of disability, Texas law calls for continued payment of spousal support through the duration of the disability. The reasoning behind this ruling is the theory that a disabled person will be less likely to – if not totally incapable of – seeking a method for achieving financial stability on their own. The same type of exceptions can be issued to persons who are able to show other forms of a compelling circumstance.
Divorce Lawyer Serving Rockwall, TX
It is vitally important that you have skilled and experienced legal assistance on your side in order to maximize your chances of a favorable outcome of your case in court. Your future is important and issues like spousal support payments could significantly alter your financial status. This firm will be able to answer your questions regarding your divorce case, discuss your options with you and provide you with exuberant representation of your case in court if you choose to work with them. Do not hesitate to retain the legal representation that you will need.
Contact Rockwall spousal support lawyer Shannon M. Estrada, in order to begin building a strong defense of your divorce case.