Reasonable Expectations Set the Stage for Success
A perfectly reasonable result may be perceived as a total failure if the client’s expectations were unrealistic from the start. I read an article in the latest Family Law Journal from the American Bar...
View ArticleMaintenance in Texas – Part 1: History
Where did “maintenance” in Texas come from? Is it the same thing as “alimony”? Traditionally, Texas law did not favor awards of alimony and the Texas Constitution specifically prohibited it. In 1967,...
View ArticleMaintenance in Texas – Part 2: Eligibility
Who is eligible for “maintenance” in Texas? Determining eligibility for an award of maintenance in Texas begins with evaluating whether the spouse seeking maintenance will lack sufficient property...
View ArticleMaintenance in Texas – Part 3: Amount, Duration, and Enforcement
How much can an award of maintenance be in Texas? How long can it last? What happens for nonpayment? The duration of a maintenance order is determined by the length of the marriage. If the spouses...
View ArticleEight Simple Rules for Tax-Deductible Alimony – Rules 0 – 2
How to determine whether payment of money to a spouse post-divorce qualifies as alimony under Internal Revenue Code §71 for tax-deduction purposes – Part 1. Christopher Melcher provides a useful...
View ArticleEight Simple Rules for Tax-Deductible Alimony – Rules 3-5
How to determine whether payment of money to a spouse post-divorce qualifies as alimony under Internal Revenue Code §71 for tax-deduction purposes – Part 2. This post continues discussion of Make the...
View ArticleTemporary Spousal Support
Temporary spousal support is different than post-divorce spousal support. In Texas, temporary spousal support to be paid while a divorce is pending is based on the concept that each spouse has a...
View ArticleTexas divorce FAQ: Will my spouse be required to return to work?
As in many divorce situations, whether one spouse may be required to get a job depends greatly on the facts of that particular situation. Because post-divorce alimony is very limited in Texas, the...
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How do courts define a person’s “minimum reasonable needs” for purposes of...
Once a court determines that a spouse is eligible to receive maintenance in a divorce case, it must then analyze all relevant factors to determine the nature, amount, duration, and manner of the...
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