Spousal Support Violations

Spousal Support and Texas Law

In Texas, maintenance refers to monetary assistance provided by one spouse to the other after the termination of their marriage. Spousal maintenance is not awarded in every case but is limited to specific circumstances. When determining whether support is appropriate, the court takes into account various factors such as the duration of the marriage and the earning potential of both parties. If the court deems that support is necessary, it will issue an order mandating one spouse to pay maintenance to the other, specifying the payment amount and the duration for which they must be made. Additionally, parties may choose to enter into a contractual agreement regarding spousal maintenance.

Penalties for Spousal Support Violations

In Texas, any spousal maintenance payment that is not made on time is regarded as an arrearage. If a spouse who is required to pay maintenance pursuant to an order or contract fails to do so, the other party can take legal action to enforce the obligation. If the court determines that the obligor spouse has violated the terms of the order or contract, it can issue a judgment against them and enforce it through any means available for collecting debts. The court may also hold the obligor in contempt as a means of enforcing the order.

Furthermore, if an individual fails to make maintenance payments as specified by an order or contract, the court may issue an order to withhold the funds from their disposable earnings. However, if the obligation is based on a contractual agreement, the court cannot order the amount withheld to exceed what would have been ordered under Texas law. Additionally, withholding of income is only permitted if it is expressly authorized by the underlying contract.

Spousal Support Violation Defense

If a party is accused of being in contempt of court for failing to make spousal maintenance payments, there are several defenses that may be available. For instance, the obligor can argue that they were unable to pay the amount ordered due to financial constraints. Additionally, they may contend that they did not possess any property that could be sold to raise the necessary funds, nor could they legally borrow or obtain the funds elsewhere. However, the obligor must substantiate their defense that they were unable to make the maintenance payments owed by presenting evidence that outweighs the opposing party's argument.