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If you are pursuing disabled spousal maintenance in a Texas divorce, it’s important to understand that the Texas Family Code imposes strict limitations on both the amount and duration of support. Courts award only the minimum support necessary and limit it to the shortest time required to meet the recipient’s basic needs. In most cases, this means spousal maintenance will not exceed 20% of the paying spouse’s net monthly income and typically lasts no longer than three years. However, if a disability significantly limits your ability to earn income, you may qualify for an exception that extends the duration of support.
However, take heart in the fact that there are exceptions to these rules. In your situation as a person who suffers from a physical or mental disability, you are likely unable to find and sustain employment that would otherwise solve your income problems. Today’s blog post from the attorneys with the Law Office of Bryan Fagan, PLLC, will discuss this topic and provide you with information that you can utilize to help you in your divorce case.
Exceptions to the limitations on spousal maintenance when you are disabled
The general premise behind a spousal maintenance award is to assist ex-spouses who cannot meet their minimum basic needs for various reasons. One of those reasons is a physical or mental disability that keeps you out of the workforce. Keep in mind this exception also extends to you if you are the caretaker for a child with a disability that requires constant intervention and care.
In these types of instances, a court can award you spousal maintenance for an indefinite period to cover you for as long as the disability continues. Note that our Family Code does not require that your divorce decree state that the maintenance award is based on a significant physical or mental disability. Given that these are the only reasons a court can order spousal maintenance to last more than three years, such a reading is implicit.
In this situation, it’s important to note that the court will periodically review your lifestyle and needs upon request from you or your ex-spouse. Many times people with disabilities get better (thankfully), and therefore the indefinite or extended period of spousal maintenance may no longer be justified. In such proceedings, you or your spouse may file a motion to modify the spousal support award if you believe that your disability or your child’s disability no longer justifies the current level and duration of spousal maintenance.
Is medical evidence required to prove that continued spousal maintenance is necessary?
A court case out of Dallas in 2001, Pickens v. Pickens, should shed some light on this subject. In that case, an appellate court judge ruled in favor of the spouse receiving spousal maintenance as per her divorce decree. The court justified the award of spousal maintenance for an indefinite duration. Medical evidence was not necessary to prove its necessity based on statutory law.
How much spousal maintenance can a judge order you to pay?
Let’s put the shoe on the other foot for this section. Suppose that you are the spouse who is in the position to have to pay spousal maintenance to your spouse after the divorce concludes. Rather than anticipating an award, you may be dreading the degree to which you will be responsible for making these spousal maintenance payments.
A court cannot order you to pay spousal maintenance that goes beyond $2,500 per month or 20% of your average monthly gross income, whichever of those is less. In most circumstances, a cap exists that limits your spousal maintenance payments to no more than $2,500. Keep in mind that your gross income is of concern when it comes to spousal maintenance and your net income is of concern when it comes to child support. I mention this because it is typically the spouse who has to pay spousal maintenance and pay child support.
Minimum reasonable needs are the key phrase for you to remember regarding spousal maintenance.
If they decide to award you spousal maintenance, your judge will set the amount at only what you need to provide for your minimum basic needs. Your ability or inability to work and the property share you received in your divorce will be considered. If you owned substantial property before the marriage, this will influence the amount and duration of spousal maintenance ordered.
How and when an award of spousal maintenance can be terminated or modified
All good things (and bad things) come to an end. If you are receiving or paying spousal maintenance due to your divorce, be aware that the award is not permanent. It can end before the designated period for paying or receiving support concludes.
A clear example of when a court may declare a spousal maintenance award void is if you or your spouse passes away or remarries. The remarriage part of this issue is the one I would like to discuss for a moment. You do not need to remarry for a court to overturn a spousal maintenance award. The court may terminate your spousal maintenance award if it finds that you are cohabitating with another person for an extended period while engaging in a sexual relationship. This situation resembles having a “live-in” significant other, leading to the assumption that financial assistance and reliance are also taking place.
How to modify a spousal maintenance order
A motion can be filed to modify a spousal maintenance award contained in your final decree of divorce. You would file this motion in the court that heard your divorce case. You must identify the section of the divorce decree that addresses spousal maintenance and explain your rationale for modifying the spousal maintenance in your motion. Keep in mind that a family law court cannot increase your level of support; it may only decrease it.
After notifying your ex-spouse about your filed modification motion, the court will schedule a hearing for you to present your reasons to the judge for modifying the spousal maintenance award. Remember, you must show a substantial change in circumstances to succeed in your modification request. You, your ex-spouse, or a child of your marriage can demonstrate this change. How do the maintenance recipient’s financials compare now to when the court granted the award? This is what a judge will be looking at when determining whether a modification is justified.
Conclusion
Pursuing disabled spousal maintenance in a Texas divorce means working within the strict parameters set by the Texas Family Code. While the law may seem limiting, its intent is to ensure that support awards remain fair and focused on true necessity. Courts are required to grant only the minimal financial assistance needed, for the shortest time necessary, usually capped at 20% of the paying spouse’s net monthly income for up to three years. However, individuals with disabilities that prevent self-sufficiency may qualify for extended support. Understanding how these rules apply to your case is essential for protecting your rights during the divorce process.
More on spousal maintenance in tomorrow’s blog post
If you are interested in this topic, please come back tomorrow as we continue to discuss the ins and outs of spousal maintenance law in Texas. In the meantime, if you have questions for one of our licensed family law attorneys, please do not hesitate to contact us today. We offer free-of-charge consultations six days a week with one of our licensed family law attorneys.
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