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  1. #1
    UpsteDad1977 is offline Junior Member
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    Ground to stop Spousal support (TEXAS)

    This is regarding Texas Spousal Support.
    I need to know what grounds can I seek to have spousal support stopped.
    My ex Wife (soon to be) has moved her boyfriend in with her. She says he hasn't but hes moved his couches into the house and even a TV.
  2. #2
    Silverplum is offline Senior Member
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    Quote Originally Posted by UpsteDad1977 View Post
    This is regarding Texas Spousal Support.
    I need to know what grounds can I seek to have spousal support stopped.
    My ex Wife (soon to be) has moved her boyfriend in with her. She says he hasn't but hes moved his couches into the house and even a TV.
    What does your court order state on the subject of modifying the spousal support?
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by UpsteDad1977 View Post
    This is regarding Texas Spousal Support.
    I need to know what grounds can I seek to have spousal support stopped.
    My ex Wife (soon to be) has moved her boyfriend in with her. She says he hasn't but hes moved his couches into the house and even a TV.


    Has he actually changed his address?

    Can you prove that?

    Does your order even allow for modification?
  4. #4
    stealth2 is offline Senior Member
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    Quote Originally Posted by UpsteDad1977 View Post
    She says he hasn't but hes moved his couches into the house and even a TV.
    That's furniture, not a person. Unless maybe he's glued to the couch?
  5. #5
    garrula lingua is offline Senior Member
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    Are you paying temporary maintenance ?

    The most the court should have ordered is two years' worth of maintenance ... what does your divorce decree say ?
  6. #6
    stealth2 is offline Senior Member
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    Quote Originally Posted by garrula lingua View Post
    Are you paying temporary maintenance ?

    The most the court should have ordered is two years' worth of maintenance ... what does your divorce decree say ?
    How do you come up with that length of time? There's hardly enough info, IMO.
  7. #7
    Silverplum is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    How do you come up with that length of time? There's hardly enough info, IMO.
    Clearly, I'm not the fabulous garrula lingua, but I was reading yesterday that the max in TX for SS is 3 years, IF the marriage lasted longer than 10 years. The OP mentions this is his soon-to-be-X, so I guess he is speaking of temporary SS; perhaps that is limited to 2 years in TX.

    http://www.divorcenet.com/states/texas/txfaq01

    http://research.lawyers.com/Texas/Divorce-in-Texas.html
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by UpsteDad1977 View Post
    This is regarding Texas Spousal Support.
    I need to know what grounds can I seek to have spousal support stopped.
    My ex Wife (soon to be) has moved her boyfriend in with her. She says he hasn't but hes moved his couches into the house and even a TV.
    How do you know that the couches and TV were not a gift to her?
  9. #9
    stealth2 is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    Clearly, I'm not the fabulous garrula lingua, but I was reading yesterday that the max in TX for SS is 3 years, IF the marriage lasted longer than 10 years. The OP mentions this is his soon-to-be-X, so I guess he is speaking of temporary SS; perhaps that is limited to 2 years in TX.

    [url=http://www.divorcenet.com/states/texas/txfaq01]Texas Divorce Frequently Asked Questions — DivorceNet[/url]

    [url]http://research.lawyers.com/Texas/Divorce-in-Texas.html[/url]

    Well.... according to [url=http://www.divorcelawtexas.com/txpages/Alimony/alimony.asp]Alimony/Maintenance/Spousal Support in a Texas Divorce[/url] , where the TX code regarding Maintenance is posted:

    Sec. 8.054. DURATION OF MAINTENANCE ORDER. (a) Except as provided by Subsection (b), a court:

    (1) may not order maintenance that remains in effect for more than three years after the date of the order; and

    (2) shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to meet the spouse's minimum reasonable needs by obtaining appropriate employment or developing an appropriate skill, unless the ability of the spouse to provide for the spouse's minimum reasonable needs through employment is substantially or totally diminished because of:

    (A) physical or mental disability;

    (B) duties as the custodian of an infant or young child; or

    (C) another compelling impediment to gainful employment.

    (b) If a spouse seeking maintenance is unable to support himself or herself through appropriate employment because the spouse has an incapacitating physical or mental disability or because the spouse is the custodian of a child of the marriage of any age who has a physical or mental disability, the court may order maintenance for as long as the disability continues. The court may order periodic review of its order, on the request of either party or on its own motion, to determine whether the disability continues to render the spouse unable to support himself or herself through appropriate employment. The continuation of spousal maintenance under these circumstances is subject to a motion to modify as provided by Section 8.057.
    OP has not provided enough information to determine whether subsection (b) applies or not.
    Last edited by stealth2; 06-03-2010 at 08:43 PM.
  10. #10
    CourtClerk is offline Senior Member
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    Texas is notorious for being tough on spousal maintenance. They just don't like it.

    @Stealth: Garrula is also licensed to practice in TX.
  11. #11
    CourtClerk is offline Senior Member
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    Quote Originally Posted by garrula lingua View Post
    Are you paying temporary maintenance ?

    The most the court should have ordered is two years' worth of maintenance ... what does your divorce decree say ?
    Completely off topic, but when you were in CA, you used to appear at CCW in front of Commissioner Taubert, didn't you?

    He's retiring... I'm sad.

    (sorry everyone).. now back to our regularly scheduled topic.
  12. #12
    stealth2 is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    @Stealth: Garrula is also licensed to practice in TX.
    I know that. However, OP did not provide enough information for a pronouncement that the court should not have ordered more than two years worth of SS.
  13. #13
    garrula lingua is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    Completely off topic, but when you were in CA, you used to appear at CCW in front of Commissioner Taubert, didn't you?

    He's retiring... I'm sad.

    (sorry everyone).. now back to our regularly scheduled topic.
    I love Nick!
    I had gone to criminal before he became a Commissioner; (I have a beautiful present he gave me).
    Nick is really a great guy.
    CCW will miss him.

    Hey, you've got me pegged!
    PM me and tell me: Who are you working for ?
    Last edited by garrula lingua; 06-04-2010 at 07:14 AM.
  14. #14
    garrula lingua is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    Clearly, I'm not the fabulous garrula lingua, but I was reading yesterday that the max in TX for SS is 3 years, IF the marriage lasted longer than 10 years. The OP mentions this is his soon-to-be-X, so I guess he is speaking of temporary SS; perhaps that is limited to 2 years in TX.

    [url=http://www.divorcenet.com/states/texas/txfaq01]Texas Divorce Frequently Asked Questions — DivorceNet[/url]

    [url=http://research.lawyers.com/Texas/Divorce-in-Texas.html]Divorce in Texas - Lawyers.com[/url]
    Obviously, Silverplum is clearly more fabulous than I.
    She's right, and I'm wrong.

    The normal max is three years.
    I'm in an area where the Judges only order temporary maintenance, nothing in the final decree (they may distribute the assets slightly to female's favor; forget maintenance for men in this area).

    A Tx Judge has discretion to order longer maintenance, but it is rarely done - similar to ordering child support for life: can be done, but standard of proving disability/need is steep & is very uncommon.

    Tx, apparently, sees alimony as only a 're-education to allow full employment' sort of issue.
    The period of 'maintenance' (3 yrs) was considered the amount of time a spouse needed to become self-supporting.
  15. #15
    UpsteDad1977 is offline Junior Member
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    Quote Originally Posted by stealth2 View Post
    Well.... according to [url=http://www.divorcelawtexas.com/txpages/Alimony/alimony.asp]Alimony/Maintenance/Spousal Support in a Texas Divorce[/url] , where the TX code regarding Maintenance is posted:



    OP has not provided enough information to determine whether subsection (b) applies or not.

    (b) doesn't apply. she just lazy.

    as for the couches she has admitted that they are his, and she has also admitted that hes a drug dealer, and our truck that see was awarded in the temp orders was repo'ed yesterday, and is now telling me that she is going to sue me and take my paid off car that she gave me because she paid for it with a settlement but I have several witnesses that she gave me the car long before she decided to leave me. I also have witness to where she said she hasn't wanted to be with me for the last 3 years.

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