Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Spousal Support Violations in Texas

ATTORNEYS IN DALLAS

Spousal Maintenance awarded under Texas Family Code Chapter 8 is enforceable by contempt of court if not paid by the obligor.

Spousal Support Violations

In divorce cases, it is common for the spouse with lower income to request financial assistance from the other spouse who earns more. The issue of whether such spousal support is suitable, and if so, the specific amount owed, often leads to disagreement, and a spouse who is mandated by the court to make payments may ultimately object to the decision. Nevertheless, it is essential to adhere to court orders, even if they are disputed, as violating spousal support orders can result in legal repercussions.

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.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

Following the termination of a marriage, courts frequently mandate that one spouse provide financial support to the other to rectify any financial imbalances. When a party fails to comply with a spousal support order, it can often result in economic difficulties. The attorneys at Wilson Whitaker Rynell excel at assisting individuals in attaining fair outcomes in family law cases. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By Chelsea Lankford 18 Apr, 2024
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