Once a court determines that a spouse is eligible to receive maintenance in a divorce case, it must then analyze all relevant factors to determine the nature, amount, duration, and manner of the periodic payments. One of those factors includes the spouse’s ability to provide for his or her “minimum reasonable needs” independently, considering his … Continue Reading
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