Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

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.

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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.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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