Divorce

Many times when a person is going through a divorce they may feel alone. This is something that can be scary and indeed make someone very paranoid in life. Many people miss out on great things because they are afraid of what is going to happen because of the divorce. They are not able to move past this and get on with their life with a new relationship because they are afraid that it will happen again.

There are places that people can go to get help through a divorce. It does not have to be a messy divorce to make it rough on someone. It can be hard on anyone at anytime and the most important thing is to move past it so that a person can get on with the good in their life and have a normal relationship once again.

There are plenty of divorce support groups out there to count on. Many times a person will lean on someone that they know and get the help from there. However many do not have family members and friends to count on. They may not want to get them involved this and I the situation that they are in can be very understandable. It is not always easy to move past the scary thoughts when going through a divorce and having a support group around for guidance is a great help to most people.

There are different types of divorce support groups out there. You can find some for men and some for women and there are also mixed groups. You should find the one that makes you feel more secure and helps you cope with the changes in your life. These people are all there for the same reason and want to get help through a hard time in their life. There is no reason to be embarrassed or afraid to open up to a divorce support group. They are there to help you and get you through the hard times.

It is common to have so many different feelings when you are going through a divorce. It is going to be a time when a person is confused and very afraid of what is going to happen next. However the most important thing is to have the comfort in people around you so that you can move past the hard times and realize that there are plenty of good ones coming in the future. You will not want to be alone during the time of divorce. The more people that you have around you helping you and guiding you through the better off you will be and able to move on with your life.

There are many couples today that cannot make their marriage work and they jump to the conclusion that they must get a divorce so there are some advice for them, if you want more about it, please visit my website: Divorce Facts

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This article provides a brief overview on Texas law concerning post-divorce alimony in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your particular situation. Additionally, this article deals only with post-divorce alimony. It does not address temporary alimony, which is provided for under a different provision of the Texas Family Code.

Two Kinds of Alimony: Contractual and Court Ordered maintenance

There are two kinds of post-divorce alimony in Texas: contractual alimony and court ordered maintenance. The Texas Family Code also provides authority for the court to order temporary alimony which occurs while a divorce is pending. However, temporary alimony is outside the scope of this article and will not be addressed.

Contractual Alimony

Contractual alimony is based on an agreement between the parties in their divorce decree. For tax purposes, contractual alimony is normally deemed income to the receiving party and is deductible from the income of the paying party. Since contractual alimony must be based on an agreement of the parties, there are no limits to the possible amount or duration of the alimony.

Court Ordered Maintenance

Court ordered maintenance is provided for by Texas Family Code Chapter Eight. Although actually awarded in only a small percentage of Texas divorces, the court has the right to order one spouse to pay the other post-divorce maintenance in either of two circumstances:

1. The payor spouse either received deferred adjudication or was convicted of a crime constituting family violence within two years of the filing of the divorce case, or

2. The parties have been married at least ten years and the receiving spouse has some kind of financial limitation (disability, unable to work because caring for the party’s child, or lacks earning ability to meet minimum reasonable needs).

The monthly amount of court ordered maintenance is capped at the lesser of: a) $2,500 or b) 20% of the monthly payor’s gross income.

The maximum duration of court ordered maintenance is three years. The only exception is when maintenance is ordered as the result of a disability, in which case the duration can potentially extend indefinitely.

Considerations

Where there is a large disparity in incomes alimony can sometimes be used as a useful settlement tool. Since alimony is generally taxable to the receiving party and deductible to the paying party it can be often structured so that it is advantageous to both parties.

For example, a party in a high tax bracket can agree to make monthly alimony payments in exchange for a more favorable property division. If the receiving party is in a lower tax bracket, the overall income tax paid could be significantly lower than what it would be otherwise.

Another factor to consider is how rarely Texas trial courts order maintenance, absent an agreement. The statute allows for maintenance only when the specific statutory circumstances have been proven. There are several appellate cases that have reversed trial court decisions ordering maintenance when the requesting party did not provide sufficient proof that the standard had been met.

In cases where there is a large amount of community property, one of the most effective arguments in attempting to defeat a maintenance claim is that the requesting party will have ample resources to provide for their needs since the party will receive a significant amount of assets from the division of property.

Another common argument used to defeat a maintenance claim is that, during the pendency of the divorce, the requesting party has not made significant attempts to either obtain employment or obtain training that would allow the party to obtain employment.

As an example, lets take a divorce case where the wife is requesting maintenance on the grounds that the marriage is longer than ten years and that she lacks the earning ability to meet her minimum reasonable needs.

If the case has been pending for several months and at the time of

trial she has still made no effort to obtain employment or improve her job skills, it will be a difficult claim to succeed upon. The court is unlikely to find that she is “unable” to meet her reasonable minimum needs and more likely to believe that she is unwilling to take the necessary steps in order to provide for her own support.

Conclusion

Alimony in Texas, while rarely ordered, is an important and complicated issue. It can be used as an effective settlement tool and can potentially be a significant trial issue. For someone involved in a Texas divorce case with a potential alimony issue, the issue should be discussed in detail with an experienced divorce lawyer.

About the Author

Scott Morgan is a practicing Texas divorce attorney. For more information on texas divorce visit his website at http://www.texas-divorce-info.com. The website provides general information and resources on divorce, as well as specific information on Texas divorce law.

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You’re divorced and you have kids. How do you handle different rules and discipline between mom’s house and dad’s house? Do you have any say about what goes on in the other parent’s home anymore?

Here’s how one of my readers expressed her frustration:

“My two children are with my ex every other weekend and they have a totally different set of rules in his house than in mine. They stay up late, eat a lot of sugar, homework never seems to get done, and they have no discipline. When they get back to my house, my children are irritable, overtired and rude. They seem to take a full day before they settle back in. What can I do?”

It’s not uncommon for the difference in parenting styles between parents to become glaringly obvious after separation. Children, depending on their age, usually do experience some transition time to get used to the unique rhythms of each household.

Ultimately, all you’re really able to control is being clear about the expectations you have for your children and being consistent with them. You have little control over what happens “over there” at your ex-partner’s house. (Unless there is reason to believe your children’s lives are being endangered, in which case you need to speak to your ex and/or call the appropriate authorities).

With the homework issue, for example, let your children know that they are responsible for getting their own homework done in time for school regardless of whether they are at mom’s or dad’s house. Teach them about the importance of good nutrition. Children figure out pretty quickly how to play one parent off the other, so let them know they have certain responsibilities they need to meet.

You can also set up a discussion with your ex to discuss the transition between houses. Approach it with the intention of seeking cooperation. Always keep your children’s best interests in mind. After all, you’re no longer married but you’ll always be parents so in the long-run you need to learn how to co-parent together.

Leave any editorializing or judgment out. For example, “Aren’t you paying any attention? These kids are cranky and running wild at your house!” is not likely to foster open dialogue.

Be factual and describe what you see. Try something like, “When the kids come back to my house, they appear overtired and don’t have their homework done. They have a hard time getting to school the next day. How can we address this issue?” This opens the door to open communication and problem-solving.

Remember, you must also be open for feedback on what’s going on at your house from your ex as well. Part of having an effective communication with your ex includes you listening.

To learn more simple and life-changing strategies and tips on parenting and divorce, I’d like to invite you to get a free chapter of “Parenting after Divorce 101: Success Strategies for Single Parenting.” This multi-media ebook includes audio and video clips too! Just visit http://www.parentingafterdivorce101.com and you can have the free chapter in your email inbox in minutes.

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