Spousal Support Violations in Texas
ATTORNEYS IN DALLAS
Spousal Maintenance awarded under Texas Family Code Chapter 8 is enforceable by contempt of court if not paid by the obligor.
Spousal Support Violations
In divorce cases, it is common for the spouse with lower income to request financial assistance from the other spouse who earns more. The issue of whether such spousal support is suitable, and if so, the specific amount owed, often leads to disagreement, and a spouse who is mandated by the court to make payments may ultimately object to the decision. Nevertheless, it is essential to adhere to court orders, even if they are disputed, as violating spousal support orders can result in legal repercussions.
Spousal Support and Texas Law
In Texas, maintenance refers to monetary assistance provided by one spouse to the other after the termination of their marriage. Spousal maintenance is not awarded in every case but is limited to specific circumstances. When determining whether support is appropriate, the court takes into account various factors such as the duration of the marriage and the earning potential of both parties. If the court deems that support is necessary, it will issue an order mandating one spouse to pay maintenance to the other, specifying the payment amount and the duration for which they must be made. Additionally, parties may choose to enter into a contractual agreement regarding spousal maintenance.
Penalties for Spousal Support Violations
In Texas, any spousal maintenance payment that is not made on time is regarded as an arrearage. If a spouse who is required to pay maintenance pursuant to an order or contract fails to do so, the other party can take legal action to enforce the obligation. If the court determines that the obligor spouse has violated the terms of the order or contract, it can issue a judgment against them and enforce it through any means available for collecting debts. The court may also hold the obligor in contempt as a means of enforcing the order.
Furthermore, if an individual fails to make maintenance payments as specified by an order or contract, the court may issue an order to withhold the funds from their disposable earnings. However, if the obligation is based on a contractual agreement, the court cannot order the amount withheld to exceed what would have been ordered under Texas law. Additionally, withholding of income is only permitted if it is expressly authorized by the underlying contract.
Spousal Support Violation Defense
If a party is accused of being in contempt of court for failing to make spousal maintenance payments, there are several defenses that may be available. For instance, the obligor can argue that they were unable to pay the amount ordered due to financial constraints. Additionally, they may contend that they did not possess any property that could be sold to raise the necessary funds, nor could they legally borrow or obtain the funds elsewhere. However, the obligor must substantiate their defense that they were unable to make the maintenance payments owed by presenting evidence that outweighs the opposing party's argument.
- Divorce and Winning the Marital Residence
- Dividing Stocks & Bonds in Texas Divorce
- Divorce During Pregnancy
- Divorce for the Professional Athlete
- Divorce for Business Partners
- Domestic Violence and Texas Divorce
- Egregious Conduct and Equitable Distribution
- Evidence in Fault Divorces
- Evidence in High Net Worth Divorce Clients
- Expert Witness Testimony in Divorces
- Financial Disclosures in Divorce
- Fraudulent Transfers of Property
- Hidden Assets by Spouse in Divorce
- High Net Worth and Client Defense
- Informal Marriage in Texas Divorce
- Insurance Plans in Texas Divorce
- Intellectual Property in Divorce
- International Divorce and Legal Rights
- Interspousal Gifts and Divorce
- Jointly Titled Personal Property
- Just And Right Property Division
- Marital Assets
- Marital Debts After Divorce
- Military Divorce in Texas
- Mixed Property in Property Disputes
- Modification of Spousal Support in Texas
- Modifying Marital Property Agreements
- Motions in Divorce Proceedings
- Oil And Mineral Rights in Divorce
- Partition or Exchange Agreements
- Divorce and the Mediation Process
- Process of Filing for Divorce in Texas
- Property Division and Distribution
- Property Division and Appeals
- Property Settlements in Divorce
- Proving Marital Property Agreements
- Rehabilitative Spousal Maintenance
- Same Sex Divorce
- Separate and Community Property
- Separation Agreements
- Social Media Use in Divorce
- Social Security Benefits in Divorce
- Spousal Maintenance in Texas
- Spousal Support Violations in Texas
- Tax Planning in Divorce
- Termination of Spousal Maintenance
- Timing of Divorce in Texas
- Trust Assets in Texas Divorces
- Trusts In Divorce
- Uncontested Divorce in Texas
- Undisclosed Assets after Divorce
- Voiding a Marriage in Texas
Best Texas Divorce Lawyers
Our Dallas Divorce Attorneys Serve Clients Throughout Texas
In order to best prepare yourself during the divorce process, it is vital that you have a
qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of
family and
divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.
Speak with an Experienced Divorce Attorney
Following the termination of a marriage, courts frequently mandate that one spouse provide financial support to the other to rectify any financial imbalances. When a party fails to comply with a spousal support order, it can often result in economic difficulties. The attorneys at Wilson Whitaker Rynell excel at assisting individuals in attaining fair outcomes in family law cases. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
CLIENT MATTERS
5,000+
YEARS OF SERVICE
25+
Award Winning
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Expert Team
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
Quality Representation
