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
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One of the questions we are frequently asked is whether Texas allows alimony. Before going into the substance of this question, it is important to note that the Texas Family Code calls ‘alimony’ spousal maintenance. Given the frequency of this question, I’m going to break the answer up into a two part mini-series.
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