Spousal Support Attorneys in Denton County, Collin County, & Tarrant County

How Do You Negotiate Spousal Support?

Spousal support negotiation is a crucial aspect of many divorce cases in Texas. Spousal support, also known as alimony or spousal maintenance, is designed to provide financial assistance to the economically disadvantaged spouse after a divorce. Negotiating these payments can be complex, but with the right strategies, it is possible to reach an agreement that is fair and satisfactory to both parties.

Here are some key negotiation strategies for spousal support in Texas divorce cases:

• Understand Texas Law: Before entering negotiations, it is essential to have a good grasp of Texas spousal support laws. Familiarize yourself with the eligibility criteria, guidelines, and factors that courts consider when awarding spousal support. This knowledge will help you make informed decisions and set realistic expectations.
• Gather Financial Documentation: Both parties should provide complete and accurate financial disclosures. This includes income, expenses, assets, and liabilities. Ensuring transparency is crucial for building trust during negotiations.
• Consider Temporary vs. Permanent Support: In Texas, spousal support can be temporary or permanent. Temporary support is typically awarded for a specific period, while permanent support may continue indefinitely. Consider the needs and circumstances of both parties when deciding which form of support is appropriate.
• Negotiate Terms: Spousal support negotiations can cover various terms, such as the amount, duration, and any conditions that may terminate or modify support. Be open to compromise and explore creative solutions that meet both parties' needs.
• Mediation and Collaborative Law: Consider alternative dispute resolution methods like mediation or collaborative law. These processes can be less adversarial and often result in more amicable agreements. They also allow for greater flexibility in tailoring support arrangements.
• Consult with Attorneys: Each party should have their own attorney who specializes in family law. Attorneys can provide legal guidance, help navigate the negotiation process, and ensure that your rights and interests are protected.
• Present a Strong Case: When negotiating, present a clear and compelling case for or against spousal support. Emphasize factors such as the length of the marriage, each party's financial contributions during the marriage, and any unique circumstances that may affect the need for support.
• Be Realistic: It is important to be realistic about your financial situation and what is feasible. The court's ability to deviate from guidelines in special circumstances means that there is room for negotiation. However, overly aggressive or unrealistic demands can hinder the negotiation process.
• Consider Tax Implications: Be aware of the tax implications of spousal support. As tax laws can change, consult with a tax professional to understand how spousal support may affect your tax liability.
• Focus on the Future: Spousal support negotiations should aim to provide financial stability for the recipient spouse while enabling the paying spouse to move forward. It is not about punishing one party but rather ensuring a fair and equitable resolution.
• Documentation and Agreement: Once an agreement is reached, ensure that it is documented and legally binding. This can involve court approval and the creation of a formal agreement to protect both parties' rights.

Negotiating spousal support in a Texas divorce case can be emotionally charged and legally complex. It's advisable to approach these negotiations with a clear understanding of the law, a willingness to cooperate, and a focus on achieving a fair outcome for both parties. Our legal team at Coker, Robb & Cannon, Family Lawyers can be an invaluable resource in guiding you through the process and helping you make informed decisions during these negotiations.

How to Collect Unpaid Alimony in Texas
 

Was your alimony payment agreed to in a private settlement or ordered by the court? You have enforcement options in either case, but there will be differences depending on the nature of the settlement.

If a judge issued the order for your alimony plan and your ex is found to be willfully refusing to make the payments, they can be held in contempt of court. The consequences can include jail. This doesn’t mean the simple act of you reporting the delinquency is going to put your ex behind bars. It’s always considered preferable for the ex to simply acknowledge being in arrears and work to make you financially whole again. But, if all else fails, jail is on the table.

Furthermore, the Office of the Attorney General has a host of legal tools that might not put your ex in jail but can make their life quite difficult. The OAG can have all licenses–from driving to anything professional to hunting or fishing–suspended. They can deny a passport. The OAG can put liens on most any financial asset. And, after all this, your ex’s credit rating will take a severe hit.

A court’s enforcement actions in a private settlement are more limited in scope. Contempt is not an option because your ex is not violating a formal court order. Now, that doesn’t mean they can get away with stiffing you on what is rightfully yours–the basics of contract law in Texas still govern the agreement–but the actions are not, in the strict legal sense, contempt of the court.

Texas law places limits on the alimony that a judge can order. If a divorce case goes to court, your ex cannot be ordered to pay more than 20 percent of their gross income or $5,000 per month, whichever figure is less. If the final settlement is worked out between the spouses, you can agree on whatever you want.

Maybe at the time your ex was willing to pay more in alimony in exchange for favorable terms elsewhere in the settlement. Now they’re reneging. It’s a legal problem, but the Family Court system can only enforce up to the $5,000/20 percent threshold figure.

Your recourse for any amount above that will need to come through a civil lawsuit, filed through breach of contract. A judge in a civil case cannot order any sort of criminal penalties for breaking the contract, but they can order your spouse to make payments and bring their “account” with you current.