Yes, it can. The Petitioner or Movant must file a Motion to Modify Post-Divorce Spousal Maintenance in the Court that made the initial order. Procedures for filing an original suit apply, which means the former spouse receiving maintenance must be served with citation.
At an evidentiary hearing, the Movant bears the burden of...
Some servicemembers left military service by taking Voluntary Separation Incentive (VSI) pay or Special Separation Bonus (SSB) pay and later returned to military duty and qualified for either an active duty or reserve component retirement. So, what happens to the VSI or SSB payments the servicemember received?
DFAS will recoup the amount of VSI or...
Yes, when DFAS tells a former spouse that a clarification order is necessary to receive former spouse retired pay, the ex-spouse/Servicemember "must" be served with notice of the clarification proceeding. The former spouse cannot simply claim the Court has jurisdiction over the Servicemember because of a prior proceeding (e.g. the divorce).
More importantly,...
The answer to the question of whether a former spouse's retired pay payments can be stopped is, "it depends." The Dep't. of Defense regulation governing this subject matter states the following:
"Unless the court order specifies otherwise, payments will stop upon [DFAS's] receipt of notice of the death of either party. Payments will be...The cap for "net resources" when calculating guideline child support increases from $8,550 to $9,200, effective September 1, 2019. The Office of the Attorney General Child Support Division (OAG) recently announced the coming change.
OAG manages the child support system for Texas. The increase to $9,200 is determined by a formula related to...
After a military divorce, when a Former Spouse predeceases the Servicemember, the Former Spouse's share of disposable retired pay returns to the Servicemember.1 Former Spouse retired pay cannot be "sold, assigned, transferred, or otherwise disposed of (including by inheritance).2"
Ironically, the same cannot be said for a Former Spouse's share of a Federal...
Yes. First, let's look at some definitions. The "Obligor" is the person ordered to pay spousal maintenance. The "Obligee" is the person receiving court-ordered spousal maintenance.
As long as the Obligor is not in arrears, the Obligee must return any overpayments received.1 This is true whether the overpayment was made before, on,...
Whether a live-in partner can get court-ordered maintenance after the relationship breaks up increasingly becomes an important questions. According to a 2018 article in Psychology Today, some 17.1 percent of women and 15.9 percent of men were cohabiting.1
In Texas, the answer is "no." According to the Family Code, "An order for maintenance is...
Yes. Texas Family Code Section 6.505 addresses this subject and provides the authority.
While a suit for divorce is pending, the Court may order the parties into marriage counseling with a person named by the Court. The counselor must submit a written report to the Court prior to a final hearing. The only opinion...
In the vast majority of cases, the answer to whether there is a "cap" to child support in divorce is, "yes." The Texas Family Code caps "net resources" available for what's called "guideline child support" at $8,550.00. In determining "net resources," the Family Code includes the following:
Wages, salary, commissions, overtime pay, tips and...