Even after you’ve entered a dissolution of marriage, and you’ve both agreed to pay one or the other under the law, the other person might not be paying his or her dues. You might have to seek legal support to keep the other person responsible for spousal maintenance. To avoid further conflict, the best way to handle this situation is to contact a lawyer for enforcement of spousal maintenance that can help you file a case for this.
If you are currently struggling with making your ex-spouse pay for your spousal maintenance, you should know that the law is actually on your side. If the court approved the spousal maintenance, then the other person is obligated to pay it. At The Gonzalez Law Group, we have previous experience in cases of enforcement of spousal maintenance. If the other person is unwilling to cooperate and making it difficult for you, the best thing for you to do is to hire a legal counsel, that is invested in recuperating your money. For quality legal assistance, contact our firm today.
Overview of Enforcement of Spousal Maintenance
What is the Enforcement of Spousal Maintenance?
The requirements for spousal maintenance are listed under Family Code Section 8.051. Usually, a spouse is entitled to receive spousal maintenance due to his or her current circumstances, such as he or she lacks the necessary property to meet his or her needs after separation, and:
- The spouse who spousal maintenance is requested from has been accused of family violence against the other spouse, or the other spouse’s child;
- The spouse seeking spousal maintenance is unable to work and provide the minimum necessary needs for himself or herself due to a mental or physical disability;
- The spouse seeking spousal maintenance was married to the other spouse for ten years or more years and can’t meet the minimum necessary needs for himself or herself
- The spouse seeking spousal maintenance has custody of a child or children born out of the marriage who has a mental or physical disability that requires earning extra income, which he or she cannot support
Once both spouses agree on the terms and conditions of the spousal maintenance, it’s usually approved by a court. If you’re the spouse seeking spousal support, and the other party is not paying up, then it makes sense you take some action.
What does the Law Say About it?
Spousal maintenance is different than other types of support in that the court has a right to enforce spousal maintenance. Family Code section 8.059 states, the court is allowed to enforce spousal maintenance in the following situations:
- The court had previously ordered spousal maintenance
- Both parties had voluntarily agreed to periodic spousal maintenance payments, and the court has already approved it
However, when it comes to the court enforcing the maintenance, the law also states that the court will not change the amount, nor the length of the spousal maintenance initially approved by the court. Enforcement actions can include citations against the obligee and a hearing, in where the court assesses whether the obliging party complies with the maintenance or not.
Additional Resources
Regulations involving Spousal Maintenance – This page is the official government page of the family code of Texas. The statute refers to spousal maintenance and the requirements for its status and its enforcement.
Texas Legal Help for Spousal Maintenance – The following page is dedicated to offering some information on various legal areas, including spousal maintenance in Texas. You can click on the page and follow its question and answer section to get some of your additional questions answered involving spousal maintenance.
Contact a Houston Divorce Attorney
If you’re not getting your spousal maintenance, despite the court’s order in favor of it, then you need to take action. Here at The Gonzalez Law Group, we take our client’s cases seriously and want to help you out. We can get your money by pursuing the party that owes you spousal maintenance. Often the party owing you spousal maintenance can come up with excuses to not pay the money; however, it’s up to you and the court to hold them accountable. The easiest way to do that is by hiring a family law lawyer who can represent you.
Our lawyer for enforcement of spousal maintenance has experience in pursuing obligees. Call The Gonzalez Law Group at (832) 530-4070 with no strings attached. We work with clients in Harris County, Galveston County, Montgomery County, Fort Bend County, and many others.
