One of the most important things you can do before or during a divorce is to get a full understanding of you and your spouse’s finances. While the process of determining spousal support and property division can be complex, we have the experience and knowledge of how to handle valuation issues of properties, businesses, licenses and investment holdings. Even if any assets are being hidden, we will conduct a detailed search to find them.
Arriving at a resolution that has the client’s best interests in mind is our main priority. There will be several steps involved in litigating spousal support and/or division of marital property assets during the divorce, but we will fight to make sure your financial future is secure. If a claim for spousal support is filed in court, a temporary determination will be made based on the expenses and needs of the dependent spouse. The parties involved will then attend a mediation to see if an agreement about the marital assets can be reached. If mediation fails, we are prepared to assertively litigate the matter through trial. We have been recognized to successfully gain hundreds of clients the support and assets they deserve from their divorce.
Alimony Payments In Houston
Texas gives judges the discretion to grant spousal support (alimony) to spouses in the event of divorce. Knowing which factors the judges will use and what could be at stake for you is an important thing to think about before you file for divorce.
At our Houston Divorce Law Office, we provide extensive guidance to people in Houston and throughout Texas who are going through the divorce process and need help understanding alimony obligations. Our law firm can represent you in litigation, settlement negotiations or mediation to help you pay or receive alimony that is fair and meets your needs.
Do not agree to a specific alimony amount without talking to an attorney first. Call our office in Houston to get help.
Determining Spousal Support Obligations That Are Fair
When determining whether a spouse will make alimony payments to the other, a family court judge will take into account a broad range of factors. These can include the length of the marriage and each spouse’s income, earning potential, assets, age, health, the standard of living and whether children are still being cared for.
The judge can then award alimony in one of four categories:
- Permanent: While the name says “permanent,” it just means that a judge can order a spouse to make payments for as long as necessary. It could last for a lifetime, or it could last a few years.
- Temporary: These payments are made while the divorce process is ongoing to help the other spouse make ends meet.
- Rehabilitative: These are payments specifically made to help the other spouse get to a position of self-support. That can include using the payments for additional training or education.
- In gross: These are alimony payments made for a specific length of time.
Like with child support payments, changes in economic circumstances could mean asking a judge to modify your original alimony order. Whether seeking a modification or negotiating a divorce settlement, we will strenuously advocate for your financial interests.
Schedule Your Consultation With An Experienced Divorce Lawyer Today
If you agree to a settlement before having an attorney review it, you could be setting yourself up for future financial pain.
Houston Spousal Support Attorney
Shifting from married life to single life can be one of the most challenging periods of your life. What’s more, uncertainty about your financial future can intensify this particular emotionally tough time. Unlike child support, there’s no set calculation for determining the amount, time and terms of Houston spousal support (also called alimony and maintenance in other states). The subjectivity that applies to spousal support law tends to make alimony one of the most contested issues during a divorce case. For this reason, it’s essential that you are represented by a skilled and knowledgeable Houston spousal support attorney.
We now have many years of experience practicing family law in Houston and has achieved outstanding outcomes for our clients. We are not interested in wasting your time or money. Our primary objective is to bring your divorce case to a positive ending as fast as possible while ensuring that you receive everything you deserve by applying every prudent legal strategy afforded to us underneath Houston family law.
Only a few spousal support attorneys Houston have the depth of knowledge we have, this means our clients have a unique edge in any Houston family law matter. Our strong reputation must provide you with the certainty and assistance you need to make the crucial decisions that may pinpoint the terms of the desolate man your family as well as finances.
When it comes to complex spousal support cases Houston, you will need the best legal representation to be able to protect what’s rightfully yours. Our Firm will tirelessly represent you in your family law case. Contact our firm right now for a no-cost consultation.
Houston Spousal support is court-ordered payments that one spouse may be expected to pay to another after divorce to support the spouse with poor earning power while they obtain a job, further their education or are bringing in earnings insufficient to maintain a semblance of their previous lifestyle. Many factors, differing by state, may lead to a court adjusting or ending the spousal support including a change in either party’s financial conditions or perhaps remarriage of the spouse getting it.
Spousal Support Attorney Houston recommendations:
- Phone and plan a no charge consultation about alimony and also Houston spousal support.
- Obtain a free spousal support calculation when you come into the office.
- Find out how much and when you may collect Spousal Support.
- Check out if you can be awarded Houston support orders during Divorce.
- Understand how a deposition of your spouse may show precisely how he or she is understating their sources of income.
- What exactly happens when he/she does not pay?
- Find how subpoenas allow getting vital financial information for the best support order.
- How correctly does money support garnishment orders work?
Spousal Support Houston Questions:
Am I Allowed To obtain temporary spousal support even while our case is pending?
Spousal support is usually given at an Order to Show Cause on a temporary basis, in which one spouse is without a job or earning income considerably less than the other spouse.
Some courts have adopted a spousal support guideline for use in establishing temporary spousal support. Some guidelines require that the husband’s spousal support is 40% of his net monthly income, lowered by one-half of the wife’s net monthly income. When child support is being paid, the guideline amount of child support is first determined. After that, spousal support is decided.
If perhaps I’m not working at the moment, at the initial Order to Show Cause hearing, will I be asked to find a job right away?
In the Order to Show Cause hearing, the judge isn’t involved about the employability of the wife. Instead, at this stage, the judge merely would like to keep the status quo and give the wife with adequate income for her basic needs, consistent with the parties’ lifestyle.
How does a judge identify spousal support at the time of the trial?
In the trial of the dissolution, the state Family Code gives the judge with a big list of factors considered in figuring out the total amount and period of spousal support.
This list includes such factors like the duration of the marriage, the spouses’ prior living standard, the level to which the supported spouse contributed to the:
- Achievement of education or professional license by the other spouse;
- Presence of young kids in the home; and
- Job opportunities open to the spouse requesting support.
Just how long will my spousal support last?
Generally, when the marriage has lasted over a decade, a legal court will at least reserve jurisdiction.
Which means that, even if there isn’t any existing order for spousal support, the wife is going to be granted to come back to court at a later time to ask for spousal support should the need arise?
Is the spousal support I am paying out tax deductible?
The Internal Revenue Code provides that each one spousal support payments are tax deductible by the paying spouse and taxable to the recipient spouse as regular income.
This is why, it is not unusual for a negotiated settlement to involve the payment of a high amount of spousal support, only because this type of debt results in a tax advantage to the husband.
Can I get medical insurance benefits with my spouse’s employer after the dissolution of marriage?
Under Federal Law, you may be eligible to keep your medical insurance benefits through your former spouse’s group plan.
The Consolidated Omnibus Budget Reconciliation Act of 1985 developed what is popularly known as “C. O. B. R. A.” benefits, which are accessible to the previous spouses of folks that work for employers who have 20 or more employees. In general, this law provides that employers need to offer continuation coverage for the first three years after the termination of the marriage.
The law further provides that the employer can charge the former spouse for this coverage, but the charge should not be more than 2% larger compared to what is billed to employees. When the three years have finished, the law states that the employer has to give a former spouse the legal right to purchase conversion coverage. However, there are no restrictions about how much the employer can charge just for this coverage. The C. O. B. R. A. law further provides that the past spouse doesn’t have to be approved by a physical examination to be able to receive the continuation or conversion benefits.
This is indeed significant for those who have any pre-existing conditions that may not be covered by another medical insurance carrier.
To be able to get your C. O. B. R. A. benefits you have to file your application with your spouse’s employer no later than sixty (60) days right after the termination of your marriage. If you don’t file your application by that date, you won’t get these significant benefits.
If you want to get your C. O. B. R. A. benefits, you should speak to your former spouse’s employer immediately and request the correct forms. This isn’t a service that is ordinarily done by our office.
Houston Spousal Support Attorney
Not all divorce cases require alimony in Houston, but by speaking to an experienced family law lawyer, you may be able to know how spousal support payments may factor into your divorce. Our spousal support lawyers Houston at our law office focus their attention on successfully counseling family law clients and are fluent in the language of the spousal support laws in the state.
Also sometimes known as Houston alimony or spousal maintenance, spousal support is based on many factors. Some of these factors include (but are not limited to) the aspects of a divorce listed below:
- Length of the marriage
- Monetary contribution of the parties
- Income potential and employment situations
- Fault in the marriage
Our firm can help you see how much spousal support shall be paid and for how long, from a planning point of view. We fight hard to make sure that if spousal support does apply, it is ordered in a fair number for a manageable amount of time. An attorney at our office can also explain the many types of spousal support, such as rehabilitative, modifiable, as well as non-modifiable.
Spousal support calculations aren’t set in stone and can be deviated as seen fit by the judge in the case. For this reason, it is in your best interest never to leave these decisions up to the court and instead make an effort to settle through mediation or collaborative law. Nevertheless, when needed, we utilize our extensive litigation skills and aggressively advocate for our clients in court.