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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My husband and I are recently separated after 19 years of marriage.

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My husband and I are recently separated after 19 years of marriage. He pays the mortgage note of $1400. He makes about $37,000 annually. I just started working 2 months ago, making $30,000 annually. We have 2 children. In addition to the note, I want him to pay $500 monthly toward expenses for the children? Will this request hold up in court?
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
First Texas is a "Community Property" state. Community property is all property that was acquired during the marriage. This property will be divided equally (50-50) by the court if the parties are not able to come to an agreement.Therefore you are entitled to half which includes half of the equity in the home.

Texas does not favor permanent alimony. Since the duration of the marriage was 10 years or longer, if the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse's minimum reasonable needs, as limited by Section 8.054, and the spouse seeking maintenance: (A) is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability; (B) is the custodian of a child who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; or (C) clearly lacks earning ability in the labor market adequate to provide support for the spouse's minimum reasonable needs, as limited by Section 8.054. then the court can award alimony but usually it is limited.

Whatever he will agree to will hold up in court.
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