As we recently discussed (here), it is only under specific circumstances that a Texas court may award spousal support to a party at the end of a Texas divorce case. If those circumstances do not exist, then the court is unable to make that award. Today, we will look at a related issue: a Texas court’s ability to award Temporary Spousal Support.
When a divorce seems likely, we often are asked about whether one spouse might be required to make support payments for the other spouse. Although, some folks call such support payments “alimony,” Texas does not have an actual alimony system. Instead, Texas law provides for “Spousal Support.” While all of the differences between alimony and spousal support are beyond the scope of this piece, suffice it to say that spousal support is a considerably more limited support system than is traditional alimony.
So, you have a Child Support Order that you believe is no longer right for you, and you want to know if it can be changed. How can you tell?
The Texas Family Code provides that your Child Support Order may be modified if:
- It has been three or more years since the order was established or last modified and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded according to the Child Support Guidelines;
We live in an age of do-it-yourselfers. Many folks paint their own homes, prepare their own taxes, and, work on their cars; all by themselves. This makes sense when the task or project to be accomplished can be done as competently by a non-professional, as by a professional. Some divorce cases fit that profile, and others do not. Let’s see when it makes sense to do your own divorce, and when it doesn’t.
Divorce cases have traditionally involved the husband and the wife each getting their own lawyer, filing a lawsuit for divorce, and then, treating the case much like any other civil case: setting hearings on preliminary matters that should be resolved early in the case; sending and responding to written discovery requests; taking depositions of each other, along with any other witnesses who know things that are important to the case; attempting to negotiate a settlement of the issues of the case; and finally, if no agreement has been reached, setting the case for a contested trial. Most Texas Courts also now require the parties and their lawyers in a divorce case to spend a full day in mediation prior to the trial date. These steps make up the Litigation Process. It is time-consuming and costly.