What's the responsibilities are of employed spouse (husband) towards wife? can he will be court ordered to pay the bills for spouse? in TX state? what is the law for spousal support in TX.
There is no general duty of support. There is, however, community property. Both spouse's income during the marriage belongs to both of them.
When you say he is not providing support, what do you mean? Are they living in the same house? Who has paid the bills? Is she working? If not, why not?
If she files for divorce, the court can give her access to community property for her living expenses.
She will need to review these facts with an attorney.
They have NOT been married long enough for the court to make an on-going award of spousal support (alimony).
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A spose is obligated to provide "necessaries" for the other. If you file suit for divorce, you may ask the court to order him to pay you interim spousal support. You have not been married long enough to qualify for court orderd maintenance after a divorce is granted n
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
There is a general duty for spouses to support each other. Tex. Family Code section 2.501. That does not mean that husband has to give wife any money. But he can't thrust her into homelessness with no support at all and turn her into a ward of the state either.
However, once the marriage is over, that no longer applies. At that point, the spousal maintenance statutes come into relevance. There are three types of spousal support: During the pendency of the lawsuit; during the pendency of appeal if the dissolution is contested; and after the case is finalized. It's not too hard to get spousal support in the first two scenarios. Post-divorce maintenance is the one you have to fight for.
Post-divorce maintenance is complicated and completely at the discretion of the judge. The general rules are in chapter 8 of the Texas Family Code. If you want to know how those rules apply to your specific facts and circumstances, you should invest in a consultation with a good family attorney in your area. It's hard to get customized analysis on a web site like this because the attorneys have to ask too many questions in order to be able to give useful information.
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