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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38292
Experience:  30 years in civil, probate, real estate, elder law
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My husband filed for divorce in Texas. I live in fort Walton

Customer Question

My husband filed for divorce in Texas. I live in fort Walton beach Fl. I retained an attorney he took his own life oct. I need to get alimony. He income today is 4116 per month. Unemployment and social security. He's sending me 300 per month..he left me with nothing. 16 years marriage. I am 70 and have kidney disease. Can I get part of his social security as part of my alimony
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Divorce filed in Texas we lived in Florida. He moved to Texas to file
JA: Has anything been filed or reported?
Customer: He filed in Harris county...plain divorce. No property no kids I just want my 20% up to 5000. His annual income 2015 was $116,000
JA: Anything else you want the lawyer to know before I connect you?
Customer: I never had an emergency hearing after being served June 1 2016. I believe my attorney was ill and just didn't represent me as he would have otherwise..husband has changed his amount to send me I still have bills
Submitted: 1 month ago.
Category: Legal
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 month ago.

So you had a Texas lawyer and he deceased?Is the divorce still pending? Some more information please, let me know if you need a lawyer here in Harris County, thanks.

Customer: replied 1 month ago.
it's pending yes I need a Harris county attorney
Customer: replied 1 month ago.
I don't have much money because he's not sent anything. My son is willing to pay an attorney if we can get this alimony
Expert:  Ray replied 1 month ago.

Mr. Wayne H. Paris

Eligible to Practice in Texas

Paris Lwa Group PLLC

Bar Card Number: 15462000
TX License Date: 12/15/1969

Primary Practice Location: Houston , Texas

2 Riverway Suite 1080
Houston, TX 77056

Contact Information

Tel:(###) ###-####/a>

Great lawyer here known him for 30 years or so.Was a law professor at my law school taught ethics..He will fight for you here.

I appreciate the chance to help you today.

You want to call the District court Clerk and make sure your ex hasn't somehow completed this divorce without you.I have seen it done before.This is a long time pending make sure it hasn't been granted.You have a very valid claim for spousal maintenance.

Expert:  Ray replied 1 month ago.

spouse requesting post-divorce support in Texas must be eligible to receive spousal maintenance before a court can grant the request. The court cannot award spousal maintenance to a non-eligible spouse on its own. However, parties are free to agree and contract for post-divorce support even when the court would not have the power to do so.

In order to be eligible, the spouse seeking maintenance must lack sufficient property once the divorce is final (including separate property) to provide for her minimum reasonable needs.

Additionally one of the following two scenarios must apply:

1. The paying spouse must have been convicted of or received deferred adjudication for an act of family violence as defined by Texas law. Additionally, the act of family violence must have been committed either:

a.) During the marriage (but no more than two years before the date the divorce suit was filed); or
b.) While the divorce suit was pending.

OR

2. The spouse seeking maintenance is unable to earn sufficient income to provide for her minimum reasonable needs and:

a.) Her inability is due to an incapacitating physical or mental disability; or
b.) Her inability is due to her responsibilities as the custodian of a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability; or
c.) She has been married to the other spouse for 10 years or more.

If your wife cannot meet the conditions set out in at least one of the above scenarios, the she is not eligible for court-ordered, post-divorce spousal maintenance.

f the court decides to award spousal maintenance, the following parameters set the boundaries for how long the award can last.

1. Up to 5 years of post-divorce support. This the applicable cap if the marriage lasted less than 10 years and the requesting spouse can show eligibility under scenario #1 above or the marriage lasted at least 10 years but less than 20 years.

2. Up to 7 years of post-divorce support. This is the maximum duration allowed if the marriage lasted at least 20 years but less than 30 years.

3. Up to 10 years of post-divorce support. This is the maximum duration allowed if the marriage lasted 30 years or more.

A lawyer here may seek say 40% of his net income for spousal and see what court awards.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 month ago.

More lawyers here just in case

Houston Lawyer Referral Service  

Attorney Referral Service · Central Business District

Address: Houston, TX 77002

Phone(###) ###-####/p>

Hours:

Closing soon · 8:30AM–4:30PM

Thanks again if you can positive rate 5 stars it is much appreciated.

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