- Child Custody
- Family Law
- Child Support
In Texas, there are actually two types of spousal maintenance: negotiated maintenance, which represents compensation to you from your spouse for allowing him to keep certain assets in the divorce; and spousal maintenance, which the court may order under certain conditions. Generally, because negotiated alimony does not depend on your income and results from a contractual arrangement with your ex, courts will not modify negotiated maintenance to reflect your changed financial circumstances. If your ex, the paying spouse, loses his job or business and is unable to make payments, courts may adjust alimony payments to reflect his straightened circumstances.
Texas passed a new spousal maintenance law in 2011. This law permits courts to order spouses to pay enough to meet your minimum reasonable needs provided you or your ex-spouse meets one of the following criteria:
But meeting those criteria alone are not enough. Spousal maintenance in Texas is need-based, so you must also:
In those cases, the court can order spousal maintenance for a limited period of time: a maximum of five years if you were married between 10 and 20 years, seven years if married between 20 and 30 years, and a maximum of ten years if married 30 years or longer. Courts can order a maximum of $5,000 per month or 20 percent of your ex’s gross monthly income, whichever is smaller.
Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.