I have been married for 20ty yrs. My husband decided he no longer wished to be married. He was the one paying all the bills, mortgage and auto payments. I come to find out that My car has not been paid since October and our Mortgage has not been paid since October as well. I need help to make that at least the mortgage gets caught up. How?
Family Law Attorney
Texas uses the term maintenance.One class of person eligible for maintenance is:
- spouses in ten-year marriages who can't support themselves.
the duration of the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse's minimum reasonable needs, as limited by Section 3.9605, and the spouse seeking maintenance
(A) is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability;
(B) is the custodian of a child who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; or
(C) clearly lacks earning ability in the labor market adequate to provide support for the spouse's minimum reasonable needs, as limited by Section 3.9605.
Family Code § 3.9602(2).
Divorce / Separation Lawyer
Texas is a very tough state for spousal support. If you don't have a job, you need to work as hard as you can to find one as soon as possible. Even with spousal support, you won't be able to make ends meet. Court-ordered spousal support in Texas is completely at the discretion of the court and is limited to 20% of the paying spouse's gross income for 36 months. However, even if you got lucky and got that much spousal support, he would be able to ask the court to lower it at any time if he started making less money.
Spousal support is a hard argument to make, although it looks like you might have a good case for it. Because it's so hard to make a spousal supprt case in Texas, you need to hire a family law attorney who has experience in getting spousal support. If you can't afford an attorney but you CAN identify a source of funds sitting around, you can ask the court to make your husband give you interim legal fees to pay your attorney.