princess57bb
Junior Member
What is the name of your state? Virginia
My husband has just been informed that his ex-wife has been granted spousal support by the Texas courts. Texas law states:
The court may award maintenance for a spouse only if: (1) the spouse from whom maintenance is requested has been convicted of family violence within 2 years before the suit for dissolution or (2) the duration of the marriage was 10 years or longer and the spouse seeking maintenance: [a] lacks sufficient property to provide for his or her reasonable minimum needs; is unable to support himself or herself through employment because of an incapacitating physical or mental disability; [c] is the custodian of a child who requires substantial care and supervision because of a physical or mental disability which makes it necessary that the spouse not be employed outside the home; or [d] clearly lacks earning ability in the labor market adequate to provide for the spouse's minimum reasonable needs. If the court determines that a spouse is eligible for maintenance, the following factors are then considered in the award: (1) the financial resources of the spouse seeking maintenance, including both separate and community property and liabilities; (2) the spouse's ability to meet his or her needs independently; (3) the education and employment skills of the spouses; (4) the time necessary for the supported spouse to acquire sufficient training or education to enable him or her to find employment; (5) the availability and feasibility of that training; (6) the duration of the marriage; (7) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance; (8) the ability of the supporting spouse to meet their own needs and make any child support payments; (9) excessive or abnormal expenditures, concealment, or destruction of any property by either spouse; (10) the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and any separate property; (11) the contribution of 1 spouse to the education, training, or increased earning power of the other spouse; (12) the contribution of either spouse as homemaker; (13) any marital misconduct of the spouse seeking maintenance; (14) the efforts of the spouse seeking maintenance to seek employment counseling; and (15) any property brought to the marriage. The amount of monthly maintenance can be no more than the lower of $2,500.00 or 20% of the paying spouse's monthly gross income. [Texas Codes Annotated; Family Code, Chapters 8.001 to 8.055].
He has never been charged nor convicted of spousal abuse and she earns nearly as much money as she does minus his army retirement. In fact she has a degree in education so earning capacity is not a factor here. There are no children of the marriage and she doesn't fall under any of the other guidelines to warrant support. How does one go about trying to get this order reversed?
My husband has just been informed that his ex-wife has been granted spousal support by the Texas courts. Texas law states:
The court may award maintenance for a spouse only if: (1) the spouse from whom maintenance is requested has been convicted of family violence within 2 years before the suit for dissolution or (2) the duration of the marriage was 10 years or longer and the spouse seeking maintenance: [a] lacks sufficient property to provide for his or her reasonable minimum needs; is unable to support himself or herself through employment because of an incapacitating physical or mental disability; [c] is the custodian of a child who requires substantial care and supervision because of a physical or mental disability which makes it necessary that the spouse not be employed outside the home; or [d] clearly lacks earning ability in the labor market adequate to provide for the spouse's minimum reasonable needs. If the court determines that a spouse is eligible for maintenance, the following factors are then considered in the award: (1) the financial resources of the spouse seeking maintenance, including both separate and community property and liabilities; (2) the spouse's ability to meet his or her needs independently; (3) the education and employment skills of the spouses; (4) the time necessary for the supported spouse to acquire sufficient training or education to enable him or her to find employment; (5) the availability and feasibility of that training; (6) the duration of the marriage; (7) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance; (8) the ability of the supporting spouse to meet their own needs and make any child support payments; (9) excessive or abnormal expenditures, concealment, or destruction of any property by either spouse; (10) the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and any separate property; (11) the contribution of 1 spouse to the education, training, or increased earning power of the other spouse; (12) the contribution of either spouse as homemaker; (13) any marital misconduct of the spouse seeking maintenance; (14) the efforts of the spouse seeking maintenance to seek employment counseling; and (15) any property brought to the marriage. The amount of monthly maintenance can be no more than the lower of $2,500.00 or 20% of the paying spouse's monthly gross income. [Texas Codes Annotated; Family Code, Chapters 8.001 to 8.055].
He has never been charged nor convicted of spousal abuse and she earns nearly as much money as she does minus his army retirement. In fact she has a degree in education so earning capacity is not a factor here. There are no children of the marriage and she doesn't fall under any of the other guidelines to warrant support. How does one go about trying to get this order reversed?
