Protecting Your Rights and
Securing Your Family’s Future
Securing Your Family’s Future
League City Alimony Lawyer
In general, Alimony (which in Texas, we call “post-divorce spousal maintenance”) is based on whether the spouse seeking support lacks sufficient resources (including their own separate property) in order to pay for their minimum reasonable monthly financial needs. But there are other basic eligibility requirements too. For example, the parties must have been married for at least ten (10) years at the time of divorce (or there must have been family violence in the two years prior to or during the pendency of the divorce). League City Alimony Lawyer Rob Musemeche has been representing divorce clients in disputed alimony matters for over 30 years. In League City, Rob Musemeche is a board certified divorce lawyer dedicated to protecting his clients rights and guarding their family’s future.
Yes, the spouse seeking spousal maintenance really must try to find a job.
It is a rebuttable presumption that maintenance for a spouse who says he or she cannot earn enough to meet her reasonable needs is not warranted unless the spouse seeking maintenance has exercised diligence in: (1) earning sufficient income to provide for the spouse’s minimum reasonable needs or (2) developing the necessary skills to provide for the spouse’s minimum reasonable needs during a period of separation and during the time the suit for dissolution of the marriage is pending. Texas Family Code Sec. 8.053(a)
How Much Alimony (Spousal Maintenance) Will Be Paid?
If a spouse is eligible for post-divorce spousal maintenance (i.e, “alimony”) then the other spouse may be ordered to pay up to 20% or $5,000 of their gross monthly resources, whichever is LESS. Because these circumstances can change over time, either spouse can ask the court to modify an alimony award based on a “material and substantial” change in the parties’ circumstances. In League City, Rob Musemeche has decades of experience handling divorce cases and spousal support (alimony) disputes. Experience matters, because alimony laws and modification cases about them can be complex and fact specific. Just like child support, a voluntary change in jobs is usually not enough to support a modification by the person who has been ordered to pay the support. Retirement, on the other hand, if at a normal retirement age, would be a material change sufficient to justify a good faith claim for reducing alimony. Texas Family Code Sec. 8.055
How Long Will Spousal Maintenance Continue After Divorce?
Spousal Maintenance can be ordered to be paid after divorce for as long as:
- 5 years if there was a conviction or deferred adjudication for domestic violence
- 5 years if the parties have been married for at least 10 years
- 7 years if the parties have been married for at least 20 years
- 10 years if the parties have been married for at least 30 years.
- Indefinitely, as long as a spouse is severely disabled and unable to support him or herself or is caring for a severely disabled child.
Alimony and Taxes
We are lawyers and not CPA’s. Always consult an accountant or tax attorney. However, certain tax code provisions are clear and available for anyone to “google” on their own from the IRS website. This is especially true of alimony. Click here to download IRS Publication 504, Divorced or Separated Individuals for further information about alimony payment rules and requirements.
If you are looking for an Alimony attorney near you, then call League City Alimony Lawyer Rob Musemeche at 281.475.4145 today for a consultation.
Contact the Musemeche Law Firm Today
The Musemeche Law Firm is in Webster, Texas, in the Clear Lake (League City) area between Houston and Galveston. To schedule a confidential consultation with Attorney Rob Musemeche and our team, call (281) 475-4145. Our friendly staff is available to answer your questions, address your concerns, and help you take the first step towards a resolution. You can also reach us by filling out the quick and easy contact form located from the CONTACT US drop down tab, and also found throughout the website. We look forward to hearing from you, and having the chance to provide you with the trusted legal representation you need.
Remember, when it comes to family law matters, having the right attorney by your side can make all the difference. Trusted since 1988, League City Alimony Lawyer Rob Musemeche is your steadfast advocate in the courtroom and beyond.
