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Me and my husband separated its been about 4 months i put…

Customer Question
Me and my husband...

Me and my husband separated its been about 4 months i put him out because we were both own drugs and we broke up own bad terms but we are both cleaned he went strait into another relationship they even stay together just found out today that they are engaged he said he filed for a divorce yet i have not been served but he still comes around we even sleep together and I don't know what to do when I ask him were they staying together he said no he is study lying so what should I do

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

I don't know he said he filed and he he said he has it but I haven't received anything yet i think he filed in October are November

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If this is true he is still lying to me I want to know can i retrieve any alimony i have to work two jobs in order to make it will he has bought a new truck jewelry and a fur coat he makes more than I do

Submitted: 5 months ago.Category: Family Law
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12/25/2017
Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,552
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago

Good afternoon. I am sorry to hear about this. If you want to know if he really filed, you can look online through the clerk of courts website and see if anything has been filed. As far as support, there are two instances where you can ask for it.

SPOUSAL MAINTENANCE

Spousal maintenance is a statutory remedy created by the Texas legislature that allows for a court to award payments to a spouse after divorce for a brief period of time under very limited circumstances. The legal remedy of spousal maintenance is codified in Chapter 8 of the Texas Family Code.

Generally, spousal maintenance is ordered when one spouse can show to the court that he or she cannot support themselves because of a physical or mental disability. Another circumstance in which the court may order spousal maintenance is when one spouse clearly lacks the ability to provide for his or her necessary monthly expenses because he or she is taking care of a child who has special needs. Even in the limited circumstance where a court does order spousal maintenance, the period of time the payments must be made will be restricted according to the relevant statutes and the discretion of the court. Spousal maintenance payments ordered under Chapter 8 of the Texas Family Code are enforceable by contempt and may be subject to a wage withholding order issued to the paying spouse’s employer.

CONTRACTUAL ALIMONY

A person going through divorce may agree to make regular payments to the other spouse as contractual alimony as part of the property settlement. This type of agreement is referred to as contractual alimony. While courts in Texas do not usually order a spouse to make spousal maintenance payments to the other, it is fairly common for a final agreement to include a contractual alimony provision. There are a variety of reasons entering into such an agreement, but one common one is to equalize the division of marital property while providing one spouse with a steady income stream and the paying spouse with a potential tax benefit.

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