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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29199
Experience:  29 years as a family law lawyer .
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What alimony is my wife entitled legally under texas law Further

Customer Question

What alimony is my wife entitled legally under texas law? Further information is our marriage dissolved because of my infidelity
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thasnk for your question. Texas has real limited recovery.I know you'll like that part!! We call it maintenance and it is capped at three years here. Texas in general is real limiting on awrding it here. I would not give her the $16k here. That to me is crazy. You have rights to a fair resolution here of property and support. Adultery alone might not get her maintenance, ther has to be a real need for it.Here is the law..

§ 8.054. DURATION OF MAINTENANCE ORDER. (a) Except as
provided by Subsection (b), a court:
(1) may not order maintenance that remains in effect
for more than three years after the date of the order; and
(2) shall limit the duration of a maintenance order to
the shortest reasonable period that allows the spouse seeking
maintenance to meet the spouse's minimum reasonable needs by
obtaining appropriate employment or developing an appropriate
skill, unless the ability of the spouse to provide for the spouse's
minimum reasonable needs through employment is substantially or
totally diminished because of:
(A) physical or mental disability;
(B) duties as the custodian of an infant or young
child; or
(C) another compelling impediment to gainful
employment.
(b) If a spouse seeking maintenance is unable to support
himself or herself through appropriate employment because the
spouse has an incapacitating physical or mental disability or
because the spouse is the custodian of a child of the marriage of
any age who has a physical or mental disability, the court may order
maintenance for as long as the disability continues. The court may
order periodic review of its order, on the request of either party
or on its own motion, to determine whether the disability continues
to render the spouse unable to support himself or herself through
appropriate employment. The continuation of spousal maintenance
under these circumstances is subject to a motion to modify as
provided by Section 8.057.
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29199
Experience: 29 years as a family law lawyer .
RayAnswers and 7 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
If I already gave her the 16k, what is she entitled too? She has the three kids, I babysit so she can work her jobs where she could make quite a bit of money. Thanks for the fast service.
Expert:  RayAnswers replied 5 years ago.
You're welcome. Sorry I missed you last night. No formulas here but only facotors..

Here the District Court will order support from one spouse to the other on a case-by-case basis as follows:

 

"In determining the nature, amount, duration, and manner of periodic payments, the court shall consider all relevant factors, including:

(1) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;

(2) the education and job skills of the spouses;

(3) the length of the marriage;

(4) the age, employment history, earning ability, and health condition of the spouse seeking maintenance;

(5) the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs;

(6) the dissipation of any marital assets;

(7) the financial resources of the spouses;

(8) the contribution by one spouse to the education or earning capacity of the other;

(9) any pre-marital property;

(10) the contribution of a spouse as homemaker;

(11) Any marital misconduct of the spouse seeking maintenance; and

(12) the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code. (Texas Code - Family Code - Chapters: 8.001-8.055)"

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