How is spousal support enforced if the paying party refuses to comply in Texas?

The decision to grant spousal maintenance is evaluated individually. There are primarily four conditions under which a spouse might be granted spousal maintenance:

• If the spouse responsible for payments (known as the obligor) has been convicted of or received deferred adjudication for a domestic violence offense against the other spouse or the other spouse’s child within two years before the divorce filing or during the divorce process, regardless of the marriage duration.
• The marriage has lasted at least 10 years, and the spouse seeking maintenance (the obligee) does not have enough assets or income to meet their reasonable needs and is either a) disabled, b) the primary caregiver of a disabled child, or c) lacks the earning capacity to meet their minimum reasonable needs.
• There is an agreement between the parties for spousal maintenance for a set period.
• If one spouse is a sponsored immigrant, they may invoke the Affidavit of Support from the other spouse, requesting that the court mandates the sponsor to provide 125 percent of the Federal Poverty Guidelines until the sponsored spouse becomes a U.S. citizen or earns 40 work credits.
• For details on the criteria for determining a spouse’s inability to earn sufficient income to meet “minimum reasonable needs,” the court assesses several factors, including the financial resources available to each spouse post-divorce, each spouse’s education and employment skills, the time required to gain adequate education or training for sufficient income, and the feasibility of such training. The court also considers the marriage duration, each spouse’s health and age, and the treatment between spouses. Decisions on spousal maintenance are based on these and other pertinent factors.

The obligee must also prove diligent effort in seeking employment, training, or educational opportunities, except in cases involving the enforcement of an Affidavit of Support.

The duration of spousal maintenance payments is governed by specific legal standards, varying based on the marriage length and certain conditions such as disability.

The amount of spousal maintenance is not predetermined by a formula but is capped by law at the lesser of $5,000 or 20% of the obligor’s gross monthly income. The tax treatment of spousal maintenance payments changed post-2018, with such payments no longer deductible by the obligor or taxable to the obligee.

Spousal maintenance orders typically involve direct payment from the obligor’s employer to the maintenance recipient. Enforcement of these orders can be sought through various legal means.

Spousal maintenance obligations conclude upon the end of the designated period, the death of either spouse, the obligee’s remarriage, or if the obligee cohabitates romantically with another individual.

It’s crucial to distinguish between “spousal support,” a voluntary agreement, and “spousal maintenance,” a court-enforced order, within Texas law, which does not recognize “alimony.”

For more information or assistance with spousal maintenance issues, contact the Law Office of Dana Baker at 979-310-5507.