Collin County Spousal Support Lawyer
Collin County Attorney for Alimony and Spousal Support Orders
Many people believe that divorce and alimony occur together, expecting one spouse to always pay support to the other as part of the court order. Texas courts, however, award spousal support only in select cases. You need to know how local courts in Collin County approach spousal maintenance if you are considering support after your divorce.
At the Law Office of Brian Bagley, we have provided family law services for over 10 years, and we draw on our knowledge and experience to assess whether maintenance applies to your situation. We help you understand spousal maintenance if you may qualify, or make sure the court treats you fairly if you may be the paying spouse. We listen to your story to identify your needs and goals. This approach helps us shape our legal strategy for your case.
Need help with spousal support? Contact us today at (972) 843-7158 for a consultation with an experienced attorney.
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Our FAQ
Frequently Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 972-843-7158 today!
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How Can a Lawyer Help Me Contest Spousal Maintenance?Our attorney can help you challenge a request for spousal maintenance by presenting evidence to show that your ex-spouse does not need support or that you cannot afford to provide it.
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How Can a Lawyer Help Me Seek Spousal Maintenance?Our lawyer can guide you through the legal process, helping you understand your rights and options. At the Law Office of Brian Bagley, we can also help you gather necessary information to demonstrate your financial need and negotiate or litigate on your behalf.
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How Hard Is It to Get Spousal Support in Texas?Texas is one of the most difficult states to win alimony in a divorce. While it is possible to receive alimony through a court order, it is more likely to be obtained through a private contract created as part of the divorce settlement.
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How Can I Change a Spousal Maintenance Order?
Spousal maintenance can be modified or terminated in Texas if you experience a material and substantial change in circumstances. Also, it terminates if the receiving spouse remarries or cohabits with a new partner.
Examples of changes in circumstances can include:
- Significant Income Change: If the person paying support has a significant increase or decrease in income, this could be grounds for a change in the support order. For example, as the payer, if your income decreases significantly due to a pay cut, you may request a reduction in the support amount from the court.
- Job Loss: If the person providing the support loses his/her job, this could be seen as a valid reason for modifying the support order. However, voluntary unemployment or underemployment may not be seen as justifiable reasons for a reduction.
- Illness or Disability: If the person paying support becomes seriously ill or disabled and is unable to work, this can also be grounds for a modification.
- Retirement: Retirement can cause a significant change in income, which may warrant a modification of the support order.
- Financial Emergency: Unexpected financial hardships, such as a major medical expense or a natural disaster, could justify a temporary or permanent change in the support order.
- Change in the Recipient's Financial Needs: If the person receiving support experiences a significant change in his/her financial needs - for example, due to a job loss, illness, or increased living expenses – it may justify an increase in support.
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How Long Will Spousal Maintenance Last?The duration of spousal maintenance in Texas varies based on several factors. It can last up to five years for a marriage of 10 years or more, seven years for a marriage of 10 to 20 years, and up to 10 years for a marriage lasting over 30 years.
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How Do You Request Spousal Maintenance?To request spousal maintenance in Texas, you must file a formal request with the court during your divorce proceedings. This typically involves demonstrating that you lack sufficient property and resources to provide for your basic needs.
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What Disqualifies You for Spousal Support in Texas?A spouse may be disqualified from receiving spousal support if they have been convicted of or received deferred adjudication for a family violence offense against the other spouse or the other spouse's child within two years before filing the divorce or while the divorce is pending.
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How Is the Amount of Spousal Support Determined?The amount of spousal maintenance in Texas is determined by various factors and cannot be more than $5000 per month or 20% of the paying spouse's average monthly gross income, whichever is lower.