Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What are the alimony laws in Texas? Houston, Texas. Nothing…

What are the alimony...

What are the alimony laws in Texas?

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

Houston, Texas

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

Nothing has been filed yet.

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

The two parties own a house together. The husband has been paying the mortgage and also paying his spouse a household allowance which amounts to half his paycheck. There is a 13 year old child involved. The spouse does not work but has a master's degree.

Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
3/8/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,782
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Family Law Question

Good afternoon. Are you looking for information on how it is determined and calculated?

Ask Your Own Family Law Question
Customer reply replied 5 months ago
I will just continue typing

Thank you. Below is the code which controls and which a Judge will go by. It can always be deviated from if there is a need and if there is a child involved also, child support may need to be paid as well.

SUBCHAPTER B. SPOUSAL MAINTENANCE

Sec. 8.051. ELIGIBILITY FOR MAINTENANCE. In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and:

(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse's child and the offense occurred:

(A) within two years before the date on which a suit for dissolution of the marriage is filed; or

(B) while the suit is pending; or

(2) the spouse seeking maintenance:

(A) is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability;

(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or

(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs.

Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

(1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;

(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;

(3) the duration of the marriage;

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

(5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;

(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;

(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;

(8) the property brought to the marriage by either spouse;

(9) the contribution of a spouse as homemaker;

(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and

(11) any history or pattern of family violence, as defined by Section 71.004.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
Thank you .

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,782
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
FamilyAnswer and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,782
32,782 Satisfied Customers
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases

FamilyAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My soon to be ex will graduate with a masters degree and
My soon to be ex will graduate with a masters degree and most likely obtain full time employment in the spring. We've been married 19 years with 5 kids that we plan to share 25% for me and 75% for her… read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
I have a friend from the Philippines who is married to a US
I have a friend from the Philippines who is married to a US citizen. Her husband married in the U.S. They lived together and were married in Mississippi. He committed adultery and she has proof. He ac… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
Going through a divorce. I have been a stay at home mother
Going through a divorce. I have been a stay at home mother for six years. I homeschooled both kids for a year and a half of that time. I worked prior to that time to help my husband get through colleg… read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
I wanted to know if I would have to pay alimony to my soon
I wanted to know if I would have to pay alimony to my soon to be husband. I have yet to consult an attorney here in Pittsburgh, but saw this online, and figured i'd look into it. I have been married t… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Good morning...I am in the middle of an ongoing divorce for
Good morning...I am in the middle of an ongoing divorce for the past 4 1/2 years..It is finally coming down to a masters hearing..I do not live in the house, but have been paying the mortgage and all … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
My ex wife and I are separated and wants to file for child
My ex wife and I are separated and wants to file for child support. She make double the income I make. Am I entitled to alimony also?… read more
FamilyAnswer
FamilyAnswer
Lawyer
Juris Doctor
32,782 satisfied customers
15 year marriage – ongoing spousal support / alimony
15 year marriage – ongoing spousal support / alimony Wife is receiving spousal support of $1,900 per month. Husband is paying mortgage, utilities, car notes, car insurance, health insurance, child vis… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband and I have been married for 19 years and have lived
My husband and I have been married for 19 years and have lived together for 23. Eleven months into our marriage I was diagnosed with 4th stage cancer while pregnant. We have two kids together and I st… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
What is the normal alimony requirements in TN. I know there
What is the "normal" alimony requirements in TN. I know there is 4 difft categories but what is realistic, using my 9,500 per month amount. My spouse has not worked in 10 years, she is 38, and has a m… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I have a question regarding Alimony in New Jersey. My ex &
I have a question regarding Alimony in New Jersey. My ex & I are in the middle of Mediation and have pretty much agreed on everything but we are coming to the Alimony part and I know my ex would like … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I am not currently working and have no income. My husband,
I am not currently working and have no income. My husband, however, does have an excellent job with an income of approx. 195,000.00/year. He does not allow me any access to his bank account. He works … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Wife is research physician. Husband unemployed. Husband student
Wife is research physician. Husband unemployed. Husband student during marriage while wife supported him. Husband unemployed during marriage. Marriage of 6 years. Would she have to pay him alimony? Bo… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Need to know how the state of nebraska calculates alimony.
Need to know how the state of nebraska calculates alimony. I have been married 25 years and have not worked for 18 years. Was told that i could not get my degree, and was not ALLOWED to work. Now as a… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
My daughter has been married for 4.5 years to a man whose father
My daughter has been married for 4.5 years to a man whose father owns a lucrative small business. She hasn't worked for the last 2 years, but has received a paycheck from the company while attending n… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
Ive been married 6 yrs, I have 2 children (4 & 2), and my
I've been married 6 yrs, I have 2 children (4 & 2), and my wife has been a stay-at-home mother for the entire time. She has a degree (B.S.) in Business Administration, but has never worked. We are get… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I am a 23 year old female, married, stay at home mother, and
I am a 23 year old female, married, stay at home mother, and a student, and my husband wants a divorce. How do I just get out with two kids and no money? What can I do?… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
Ive been married for 40 years, with the past 15 years being
I've been married for 40 years, with the past 15 years being quite "loveless". We are sticking together just for the convenience. I own property in Arizona and have a mailing address in Salt Lake City… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
If adultery is proven in court is that a guarantee for ...
If adultery is proven in court is that a guarantee for alimony? My husband and I live in Houston Texas. I am a LVN and he works on oil rigs. We have been married for 11 years. He has had a lady stalke… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x