Alimony and Spousal Support

Dallas divorce attorney Michelle May O’Neil and her client prevailed yesterday, February 4, 2010, when the Fifth Court of Appeals issued its opinion in Kee v. Kee, Cause No. 05-08-00013-CV. The appeal in Kee arose from an ex-wife’s appeal of the trial court’s refusal to garnish ex-husband’s wages to satisfy his contractual alimony obligation. The trial court in this case rightfully found the garnishment that ex-wife requested would violate ex-husband’s constitutional rights. The Dallas Court of Appeals agreed
Continue Reading Dallas Divorce Attorney Prevails On Appeal: No Garnishment for Contractual Alimony

In my previous post about spousal maintenance I discussed eligibility requirements. In this post, I’ll address the various methods of collecting and enforcing spousal maintenance awards.

If the court grants an award for spousal maintenance, the judgment dissolving the marriage must reflect this. The spousal support order should state who will receive the payments and who will make the payments. Tex. Fam. Code Sect. 8.001(3)(4). The order must state how the spousal maintenance payments are to be made (i.e., by cash, check, and how frequently) and where they are to be sent. Tex. Fam. Code Sect. 8.052. Finally, the spousal maintenance order must state the duration of the maintenance. Tex. Fam. Code Sect. 8.052.
Continue Reading Alimony in Texas?!? [Part 2 of 2]