San Antonio Child Support Attorney Linda Leeser (https://myfamilymatterslaw.com/what-is-alimony-based-on/) of Family Matters Law Firm PLLC has published a comprehensive article titled “What Is Alimony Based On?” This resource is designed to provide clarity for individuals navigating the complex aspects of alimony during divorce proceedings. As an experienced San Antonio alimony attorney, Leeser explains the nuances of spousal alimony and emphasizes the importance of understanding the factors that influence alimony decisions in Texas.
According to San Antonio alimony attorney Linda Leeser, spousal support is intended to provide financial support to the spouse with less or no income and to ensure that both parties make a smooth transition to their post-divorce lives. “The principles of alimony are to avoid financial disparities and to ensure that both people can move forward on a stable financial footing,” Leeser explains. Her article describes the various factors Texas courts consider when determining alimony and helps spouses understand their rights and responsibilities.
San Antonio alimony attorney Linda Leeser emphasizes that the point of calculating alimony is not to punish or reward either party, but to ensure a fair and equitable financial settlement. “Every case is unique, and the court looks at certain criteria when making a decision on spousal support,” she explains. The article discusses those criteria and provides a comprehensive overview of eligibility requirements and the factors that influence the court's decisions.
In Texas, alimony is awarded based on a variety of circumstances, including instances of domestic violence, length of marriage, mutual agreements between the spouses, and situations involving sponsored immigrant spouses. Leeser explains that domestic violence can result in alimony regardless of the length of the marriage if the responsible spouse has been convicted of such acts or received probation. For marriages lasting ten years or longer, alimony can be awarded if the requesting spouse can demonstrate financial need due to factors such as disability or responsibility for caring for a disabled child.
Another important aspect that San Antonio alimony attorney Linda Leeser discusses is the importance of pre-existing alimony agreements. “Courts generally respect and enforce pre-existing alimony agreements, which can simplify court proceedings and provide a clear framework for alimony,” she notes. These agreements can be part of prenuptial agreements or postnuptial agreements, or be the result of joint negotiations during divorce mediation.
Lifestyle and standard of living during the marriage also play an important role in alimony decisions. Leeser emphasizes that the court will consider the habitual lifestyle to ensure that the needy spouse can maintain some semblance of their standard of living. In addition, the financial independence of each spouse will be examined, evaluating their current and future earning potential, educational background and job skills.
The length of the marriage is another factor that determines both the amount and length of spousal support. Leeser explains that longer marriages typically result in longer periods of support, reflecting the economic dependence that has developed over time. Texas law sets statutory limits on spousal support to ensure that payments are reasonable in relation to the payer's income. The cap is 20% or $5,000 per month, whichever is less.
Leeser's article also looks at the possibility of adjustments and modifications to maintenance. Significant changes in financial circumstances can lead to requests to modify the maintenance agreement. “Both parties must understand that a 'significant and substantial' change in circumstances is required for the court to consider a modification,” she explains. The burden of proof is on the person seeking the modification, which is why legal advice is crucial in presenting a compelling argument for a modification.
Linda Leeser's article is a valuable resource for anyone facing divorce and needing clarity on alimony. It provides a detailed examination of the factors that affect alimony decisions and helps those involved understand their rights and responsibilities under Texas law. For anyone in San Antonio who has questions about how alimony may affect their divorce, consulting with a knowledgeable alimony attorney like Leeser is essential.
About Family Matters Law Firm PLLC:
Family Matters Law Firm PLLC is dedicated to providing personalized and compassionate family law legal advice. Based in San Antonio, Texas, the firm is experienced in handling complex divorce cases, child custody disputes, and spousal support issues. With a commitment to fair and equitable results, Family Matters Law Firm PLLC can assist clients every step of the way in their legal journey.
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Website: https://myfamilymatterslaw.com/
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Firm Name: Family Matters Law Firm PLLC
Contact person: Linda Leeser
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Phone: (210) 997-2914
Address: 926 Chulie Dr
City: San Antonio
State: Texas 78216
Country: United States
Website: https://myfamilymatterslaw.com/
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