# No spousal support in Texas?



## Lone Star (Feb 2, 2012)

For 7 months now my attorney has talked about spousal support for me. As of 3 days ago his tune has changed. He basically says he doesn't think I will get any help. My H stopped paying my bills 3 months ago, moved his gf and her childrend into a nice big home last month and that the courts in Texas don't really look at adultery. My H makes 9 times the amount of money I do and my attorney is now advising that I start considering bankruptcy. We have yet to have our first court date. Has anyone else in Texas experienced my situation?


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## country boy (Apr 19, 2010)

Get a new lawyer. Texas does pay spousal support. Just had a good friend finalize his D. He had to write a $60,000 check for back spousal support. If he makes that much more than you, you should receive support till the D is finalized.


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## Count of Monte Cristo (Mar 21, 2012)

Find another attorney. Yours is either lazy or working for you husband.


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## Lone Star (Feb 2, 2012)

Yes, but I don't have money for another retainer. I feel screwed by my H and my attorney. I don't know what to do next.


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## Count of Monte Cristo (Mar 21, 2012)

File on your own. Also, contact the local college or university and see if the professors and/or law students could help. When I was in graduate school working on my MBA, we took on cases for local small businesses. It was a win-win because the students learned about real life business problems and the businesses got free consultations.


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## Machiavelli (Feb 25, 2012)

Lone Star said:


> For 7 months now my attorney has talked about spousal support for me. As of 3 days ago his tune has changed. He basically says he doesn't think I will get any help. My H stopped paying my bills 3 months ago, moved his gf and her childrend into a nice big home last month and that the courts in Texas don't really look at adultery. My H makes 9 times the amount of money I do and my attorney is now advising that I start considering bankruptcy. We have yet to have our first court date. Has anyone else in Texas experienced my situation?


Texas has spousal support since 9/1/11. It's not that much. Adultery can matter, since it can impact the property split and may affect child custody. In practice, it depends on the judge.

Stolen from the internets, here is a discussion of the possibilities:




Lawyer's Website said:


> 5) Each Court's approach to adultery is completely different depending upon the temperament of the judge, and the county in which the divorce is proceeding. The following bullet points describe possible scenarios - Judge Apple, Judge Ball and Judge Candy are fictitious.
> 
> Judge Apple does not care about an adultery issue because that which caused the adultery also caused the divorce. In other words, these people were not getting along (discord and conflict within the marriage) causes both adultery (one spouse seeks the companionship of another) and divorce (one spouse seeks out a lawyer).
> 
> ...


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## hookares (Dec 7, 2011)

Too bad I wasn't living in Texas when the bus fell on me. I could give you the name of the guy who represented my ex wife along with the judge she was entertaining at the time and they would take your ex husband to the poor house.
Just approach it like I did and consider yourself better off penniless and away from him than you would be if you were still with him no matter what possessions you still had.
Works for me.


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## Fvstringpicker (Mar 11, 2012)

How long were you married Lone star. since Texas is a community property state, that would have some bearing on the case. Does he have a retirement plan, 401k etc., life insurance, acquired during the marriage. More than likely, you were the beneficiary which would generally make it marital property in a community property state.


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## survivorwife (May 15, 2012)

Lone Star said:


> Yes, but I don't have money for another retainer. I feel screwed by my H and my attorney. I don't know what to do next.


1. Look up that legal statute that allows for spousal support in the State of Texas, as others here have mentioned that this is allowed, regardless of "grounds". It may be temporary depending on your age, the length of the marriage, and your ability to support yourself.

2. Take that to your present attorney. If he continues to argue that you are wrong and refuses to comply with your wishes, without coming up with a valid explanation*, report him to your State Bar Association.

*The State Bar Association is where your report for attorney malpractice. You paid a retainer. You hired him to represent you. You are entitled to his representation. If he refuses to follow through on your wishes, and your wishes are backed up by State law, then yes, you have a valid complaint against him.

Please let us know how this works out. There is no reason for you to have to hire a new attorney at this point. Do NOT "waive" spousal support for any reason whatsoever. Once waived, in most States you cannot go back and change your mind.

I'm so sorry that you now have to "babysit" your attorney. Good luck to you.


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## 827Aug (Apr 27, 2008)

After 7 months and no court date to arrange for temporary support and bill paying, it's past time to search for another attorney. Chances are another attorney will take the case. Perhaps Texas law will make your husband pay your attorney fees (since he makes so much more than you). Or, even discuss making payments.

I had a lazy incompetent attorney working on a civil lawsuit a couple of years back. She did nothing until a month before the hearing. At that point she lied to the arbitrator and withdrew from the case. There were red flags the entire 2 years. Not every attorney is competent. Go with your "gut" feelings.


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## tennisstar (Dec 19, 2011)

I have divorced in Tx. Generally, only certain judges give alimony and usually only for marriages 10 years or more when one spouse is not working. It is a community property state, though. I only received an order for $175 a month for child support and never received that. I never did receive it, even though I went to courts many times.

Several ladies I know divorced in Tx. None of them received alimony.
_Posted via Mobile Device_


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## Lone Star (Feb 2, 2012)

I have been married 20 years. I am working two jobs but they are not enough to support myself. There is no 401K left. My husband changes jobs every few years, he always seems to get better jobs and he has pulled out all of his 401K before the seperation. As for property, all that is left is a house that isn't paid for. In the beginning my attorney felt that I could probably get 12 - 18 months spousal support. About 3 months ago, my attorney tells me the laws have recently changed. The max time for spousal support was 3 years now it is 9 years. He told me that I needed to receive enough spousal support to live fairly close to what I have been acustom to. He talked about my H paying my moving expenses. He also stated that he was going to take my H to court to have the Judge award my legal fees to my husband to pay. Nothing happened after that until a few days ago. Now, all of a sudden my attorney is still planning to get his legal fees paid by husband but he feels that since I am working two jobs the Judge will feel that I should be able to make it on two low paying part time jobs, even though my H makes $12k a month. My attorney's best advice is to start thinking about filing bankruptcy. 

Where in the hell is it right that after 20 years my H leases a big new home for his gf and her children while my home is more than likely going to go into forclosure? And my H doesn't understand why the adult kids want nothing to do with him?


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## Machiavelli (Feb 25, 2012)

tennisstar said:


> I have divorced in Tx. Generally, only certain judges give alimony and usually only for marriages 10 years or more when one spouse is not working. It is a community property state, though. I only received an order for $175 a month for child support and never received that. I never did receive it, even though I went to courts many times.
> 
> Several ladies I know divorced in Tx. None of them received alimony.
> _Posted via Mobile Device_


The spousal support law has only been in effect for 10 months. But like I said, it ain't much.


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## EleGirl (Dec 3, 2011)

Lone Star said:


> Yes, but I don't have money for another retainer. I feel screwed by my H and my attorney. I don't know what to do next.


How long have you been married?

Get some free consultations with other attornies. They can go to court and get the money for their fees from your husband and/or your part of the community assets.


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## Machiavelli (Feb 25, 2012)

Lone Star said:


> About 3 months ago, my attorney tells me the laws have recently changed. The max time for spousal support was 3 years now it is 9 years...Now, all of a sudden my attorney is still planning to get his legal fees paid by husband but he feels that since I am working two jobs the Judge will feel that I should be able to make it on two low paying part time jobs, even though my H makes $12k a month. My attorney's best advice is to start thinking about filing bankruptcy.


Stolen from the internets:

"Texas has passed HB 901 effective September 1, 2011 making substantive changes to the Texas Spousal Maintenance statute.

"The new statute identifies that the *requesting spouse no longer needs to prove that he or she is unable to support him or herself through appropriate employment;* being employed or able to be employed is not the issue. *The new standard is whether the requesting spouse is unable to earn sufficient income to provide for the spouse's minimum reasonable needs.* You need not seek employment counseling.

"The prior statute stated that the duration of payments could not be ordered for more than three years after the date of the order. The new change is similar to a sliding scale based on the length of the marriage. The duration of the payments can be up to *5 years if you were married between 10 and 20 years, 7 years, if you were married between 20 and 30 years *and 10 years of maintenance if the marriage is longer than 30 years. *The limit of the payments is raised *from $2500 or 20% of gross income, whichever is less *to $5,000 or 20% of gross income, whichever is less.*"

Also, Texas is a community property state. The value of the assets acquired during the marriage is going to have to be split.


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## EleGirl (Dec 3, 2011)

Well sounds like you need to have a sit down with your attorney and ask him what his problem is. You should be able to get some support.

Since it seems you are earning minimum wage you might want to look at going to school and get a degree that can earn you something that you can live on.

I'm sure you would quality for the max is federal and state financial aid. There is also financial aid, grants, etc for displaced home makers.


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## one_strange_otter (Aug 26, 2008)

As someone about to be filing for divorce in texas this information bothers me.....I just get the feeling I should prepare for carrying her lazy butt for at least the next five years.....


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## Lone Star (Feb 2, 2012)

I'm not sure you need to worry one strange otter. Spousal support doesn't appear to be a big thing in Texas. 
I'ts not that I am not willing to work, I'm working two jobs but yet my spouse makes $11 - $12k per month and I make $1500.00 per month. That is a big difference, I don't want spousal support forever, I just want to get on my feet and forget I ever met the sorry man.


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## Machiavelli (Feb 25, 2012)

one_strange_otter said:


> As someone about to be filing for divorce in texas this information bothers me.....I just get the feeling I should prepare for carrying her lazy butt for at least the next five years.....


Are you using adultery?


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## one_strange_otter (Aug 26, 2008)

Machiavelli said:


> Are you using adultery?


No. Because neither of us have been adulterous.


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## Lone Star (Feb 2, 2012)

I just got back from my attorney's office. Of course, I wasn't able to see him, but I did get my first round of discovery from my H. No cell phone records, no real information other that I see he received a $2.50 per hour raise. He now makes $57.50 per hour. 
My attorney's legal assistance stated that they would request an emergency court date for having my legal fees paid and temporary spousal maintenance but that the Judge could deny their request because mediation has not been started. So basically I know nothing more than before I walked in their office.


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## Lone Star (Feb 2, 2012)

I also got more discovery yesterday. My H states in his discovery that he has been in an ongoing relationship with Blank Blank since October 2011. I filed for a divorce in December 2011.
Any ideas as to whether his signed statement stating the information is true and correct will be an admission of adultery in the court?


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## Shooboomafoo (Mar 30, 2011)

there is NO spousal support or alimony in TX, barring a situation where the spouse was physically incapacitated and couldnt work. I was divorced in TX ten months ago in Harris County (Houston).The law posted earlier is leaving out important criteria.
Family Law codes are available online for you to definitely check out. Beware this overzealous reach to prove infidelity, because that is not what the judge is going to care about. He/she will care about the best interests of the kid and thats it.
Read and LEarn the Standard Possession Order.


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## Shooboomafoo (Mar 30, 2011)

Adultery is not illegal in TX, therefore is not going to be available as grounds for Divorce. Even if you have videotaped proof, the only thing it might do is superficially influence the judge when the decision for custody is made.


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## Lone Star (Feb 2, 2012)

Thanks, there are no under age children. Guess I'm screwed.


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## Shooboomafoo (Mar 30, 2011)

On the contrary, if there are no underage kids, then you dont have to pay child support, right? Welcome 25% of your income back into your arms..
In fact, without kids, you can break away from this nightmare of a woman and not have to continually see her like I have to see mine.
I hope for the best for you man!!!


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## Lone Star (Feb 2, 2012)

First off I am a woman. My husband is a lying cheater. I am the one seeking spousal support. I'm learning that Texas courts do not care about adultrey, they don't care that we have been married 20 years and he has moved his gf and her family into a nice new home that is $400 more per month than my mortgage. They don't care about the fact that my home will go into forclosure while he broke the marriage contract by cheating but is supporting his gf and her children very well. They don't care that I am working two jobs and still can't make if financially. They don't care that I make $1,500.00 per month on two jobs and he makes between $11,000.00 - $12,000.00 per month. The laws are written but no one seems to pay attention to them. Yes, I'm learning that I am screwed.


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## 827Aug (Apr 27, 2008)

I feel for you, LoneStar. That doesn't sound right to me. I'm thankful I live in Florida! Is your husband's name on your mortgage? If you are current on house payments now, Chapter 7 bankruptcy might be helpful. A house is "exempt" property in many states.


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## Lone Star (Feb 2, 2012)

Yes, my name is also on the mortgage. I need to speak to a bankruptcy attorney to find out if I can file before the property settlement or if I have to wait.


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## 827Aug (Apr 27, 2008)

You can file individually. I've had to do that. My estranged husband basically abandoned us. He walked away from most assets and quit paying for everything. Thankful, since I'm in Florida, the judge has rectified some of that. 

My cousin, who is an attorney, had been giving some legal advice. My mess got to be too much for him, and he thought I needed to file bankruptcy for a fresh start. Even the mediator on the house foreclosure suggested I file for bankruptcy. Over the past couple of years I have seen a couple of bankruptcy attorneys. Nothing got filed because they wanted a lot of money to do so. Plus, hubby wouldn't cooperate.

Anyway, I went on line, got the forms, and filed myself. Sure, I'll probably lose everything, but at least everyone will get off of my back. Besides the bankruptcy trustees can sort through the jointly held assets and liabilities. They are probably going to end up making him file an involuntary bankruptcy petition. That's peachy with me, since he caused the entire mess. That might be justice for your husband as well. The new girlfriend might not find him as desirable then.


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## Lone Star (Feb 2, 2012)

Thanks 827. I don't really care if she finds him desirable anymore but I just want to get out of this nightmare with as much as I can and move on.


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## 827Aug (Apr 27, 2008)

After living in this nightmare my husband created, I'm to the point I don't care what I lose. It's only material things anyway. Peace at this point is worth far more. Do you have someone you can move in with? Fortunately, I'm probably going to move in with my 88 year old mother and help care for her.

Hope you find a solution to your dilemma.


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## EleGirl (Dec 3, 2011)

Lone Star said:


> I'm not sure you need to worry one strange otter. Spousal support doesn't appear to be a big thing in Texas.
> I'ts not that I am not willing to work, I'm working two jobs but yet my spouse makes $11 - $12k per month and I make $1500.00 per month. That is a big difference, I don't want spousal support forever, I just want to get on my feet and forget I ever met the sorry man.


Do you have a college degree? Have you considered going back to school? You would qualify for federal and state financial aid and federal work study.

At least this way you would come out the other end with a career path.


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## arbitrator (Feb 13, 2012)

Shooboomafoo said:


> Adultery is not illegal in TX, therefore is not going to be available as grounds for Divorce. Even if you have videotaped proof, the only thing it might do is superficially influence the judge when the decision for custody is made.


While perhaps not being a violation of Texas law, adultery is, still very much, sustainable grounds for a Texas divorce, and can well shift the standard from a "no-fault" divorce to an "at-fault" divorce proceeding.

I understand that it can also be used to break a pre-nup, since pre-nups fall under "no-fault" rule, thereby subjecting the resulting property to the possibility of community property division.


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## Shooboomafoo (Mar 30, 2011)

"While perhaps not being a violation of Texas law, adultery is, still very much, sustainable grounds for a Texas divorce, and can well shift the standard from a "no-fault" divorce to an "at-fault" divorce proceeding."

--however, 1500.00 a month is not sustainable grounds for filing and affording the process. Thanks for the reiteration though.


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## arbitrator (Feb 13, 2012)

Cost-wise, I know exactly where you're coming from!


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## SolitaryConfinement (Jun 20, 2012)

I agree with the forum, new attny needed. and if you still owe anything to the current one, I wouldnt pay it - he didnt do his job. it is apparent that if he does take you to court for any balance, there is a very slim chance he would win

a couple things to keep in mind for you: if the balance of the 401K was depleated after your separation, then he could still owe you half of what that balance was at the time of seperation. I knew someone that thought he was going to be slick. after his seperation, emptied 401K's and a brokerage account, gave the money to a relative until his divorce was finalized. she pushed the issue with her attny, and she DID receive 1/2.

Being in Texas, and with my previous background in real estate, there is one other thing you should know. you mentioned that he moved GF and kids in to a nice big house. In the state of Texas, if you are married, spouse MUST go on deed of trust of the primary residence. The spouse does not need to go on the deed of trust for a 2nd home or an investment home, BUT..... even without being on the mortgage or the deed, 1/2 of that home is also yours, if it was purchased while you are still legally married (seperation has absolutly no bearing on the situation).

it may be easier for you to pursue that, and may also yield more assistance than a year of spousal support. Go for both if it is deserved, but i just wanted to provide another option.

I am by no means for a woman taking a guy to the cleaners out of spite, or just because she can. I am however, for what is right and just.


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## 67flh (Sep 26, 2011)

he is renting the new house.


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## Lone Star (Feb 2, 2012)

Yes, he is leasing the new house in another state. 

Thanks for the info. I'm not trying to clean him out but I do believe that after 20 years I should be walking out of this marriage with more than nothing.


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## 827Aug (Apr 27, 2008)

Does the other state have better spousal support mandates? Perhaps stall the divorce and establish residency in that state. Then file in that state. I'm just hoping you can find some help.


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## arbitrator (Feb 13, 2012)

827Aug said:


> Does the other state have better spousal support mandates? Perhaps stall the divorce and establish residency in that state.  Then file in that state. I'm just hoping you can find some help.


Once the lawsuit is filed in any given state, then both parties to that original lawsuit must either concede, request a change of venue and show proof of why it should go to another state, or ask for a joint dismissal by the court, in order to legally get it moved out of that court.

In the absence of such, then the proper jurisdiction would continue to remain with the court of original record.


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## 827Aug (Apr 27, 2008)

Some of that has to do with who filed according to my attorney. For example, I filed for divorce and then elected to suspend it once getting "temporary" support. My attorney said it could stay this way permanently unless my husband wants to get a lawyer and spend some money. I was merely hoping OP could find some type of strategy to work in her favor.


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## Lone Star (Feb 2, 2012)

Filing in the other state isn't really an option for me legally or financially. Texas does have spousal support but it doesn't appear to be used very often. Texas appears to be very liberal on divorce. I guess I will take my chances in from of a Judge.


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## MattMatt (May 19, 2012)

Lone Star said:


> Yes, but I don't have money for another retainer. I feel screwed by my H and my attorney. I don't know what to do next.


Sue your attorney.


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