Articles Posted in Divorce

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As a general rule in Texas, all property that you acquire during marriage is community property.  There are some exceptions in which property can be deemed one spouse’s separate property.  These are pretty basic concepts but the issues arise when property is commingled or wasted by another spouse and how does a court compensate the other spouse for that?  For instance, most people may realize that if you buy a home prior to marriage then that home should be your separate property.  However, if there was still a mortgage on the home and your spouse contributed to the mortgage then the contributing spouse now has a reimbursement claim.  Also, reimbursement arises when one spouse “wastes” or spends money from a community property account.  For example, if the parties have a savings account and one spouse spends money from that account and cannot prove it is for necessary living expenses then the other spouse may be able to recover their portion of the funds.  Equitable reimbursement can be a tricky concept that family lawyers have to deal with because it is not as cut and dry as people think and sometimes, even though the law may seem clear.

The important thing is to know the law and understand whether or not you qualify for an equitable reimbursement claim.   If you are making a claim for reimbursement, then you bear the burden of proving that expenditures were made and that you have a right to be reimbursed for those expenditures.  So the two issues to focus on are (a) either funds of one estate were used to enhance another estate without receiving any benefit (separate property money used to pay off a debt that arose during that marriage; separate money used to put towards the purchase of a community asset) OR (b) the other spouse “wasted” the funds of the community estate.  The latter is proved by stating that the “wasting spouse” has committed constructive fraud—they spent your portion of the estate without your knowledge or consent.  This is not to be confused with actual fraud which requires malice intent.  If you prove this, then your spouse must defend themselves and prove that it was “fair” spending on such things as necessary living expenses.   The spouse defending themselves can always have a claim for an offset which is where they state that they are owed some deduction in the claimant spouse’s total reimbursement because they may have done some other form of reimbursement.  For example, you may have a claim for reimbursement of $50,000.00 but your spouse can claim an offset if they purchased something for you with a portion of those funds (i.e. a car or paid off some debt).

We have several cases involving claims of reimbursement in Kaufman County.  It is a normal occurrence in divorces, especially if people have separate property coming into the marriage or inherit something during the marriage.  If you feel that you are eligible in any way for an equitable reimbursement claim or have questions regarding property division in a divorce in general, please contact Guest & Gray and schedule a consultation.

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If you have a current pending divorce or suit affecting the parent-child relationship then you most likely have temporary orders in place.  If not, in most family law cases you do want to ensure that you have temporary orders granted by the Court so that you know what you should and should not be doing while the case is pending.  That is, temporary orders set the status quo of your case and instruct the parties as to their rights and duties with respect to their children, property, debts, and other issues in the case.  For instance, you may have been granted exclusive use of the marital residence, your vehicle, and primary possession of the children.  These are all essential things to establish in a case without delay, unless you and the other party are working amicably towards a final resolution.

Enforcement of Violated Temporary Orders

Once the Court has granted the temporary orders, they are enforceable against both parties.  If any portion of those orders is violated by either party, there are options.   The other party may have been ordered to pay child support and they may not be doing that and you may need that support in order to survive.  Or, the other party may have been ordered to participate in counseling or drug testing and they not be doing so.  It might even be that the other party will not stay away from the property or give you the car you were awarded temporarily.  All of these issues are concerning and when you are not getting the results from the provisions the Court put into place it can be very frustrating.  But, you do have recourse.  Typically, you can file an enforcement action of temporary orders asking that the wrong be corrected and asking for attorney’s fees for having to go back to Court and ask the judge to tell someone to do what they were already ordered to do.  If it is a failure to pay child support, the violating party also faces possible jail time.  You will have to be able to prove that the temporary orders were put in place, prove the violations, and then the burden becomes the other party’s to state why they did all of those things.  Depending upon those reasons, the Court may be a little lenient upon the person.  It is always a hope that the Court would at least grant your attorney’s fees for your attorney’s time to draft the enforcement and have the hearing.

What Should You Do?

If you are in a situation where the other party has violated the temporary orders in any way, do not delay in consulting with an attorney regarding this issue.  You will want to address it as soon as possible to correct the issue at the outset.  It might be that you file your enforcement and then the other party realizes you are serious and they will either start doing what they are supposed to be doing, refrain from what they were not supposed to be doing, or pay what they were ordered to pay.  If that occurs, then you have saved a lot of money in just filing the enforcement and not having to proceed forward with the hearing.  However, this occurs in a very small number of cases and unfortunately you typically have to proceed forward with the hearing and have the judge sort out the issue.  Contact a family law attorney at Guest & Gray today to consult regarding your present circumstances.  Guest & Gray takes cases all over the Dallas/Fort Worth area and has offices in Forney and Rockwall.  We are here to help and look forward to representing you.

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What is the law in Texas on marriage fraud?

The first step in determining whether or not you qualify for an annulment based upon fraud is to ensure that you fit within the parameters of the law on this issue.  Specifically, Texas Family Code Section 6.107 states that, “a trial court may grant an annulment of marriage to a party to the marriage if (1) the other party used fraud, duress, or force to induce the petitioner to enter into the marriage; and (2) the petitioner has not voluntarily cohabitated with the other party since learning of the fraud or being released from the duress or force.”  Therefore, if someone used fraud to get you to marry them and you stopped living with them after you learned of the fraud, you qualify so far.  The next question becomes, what constitutes as fraud?  Many Texas Appellate Courts have addressed this issue and have come up with a standard as follows, “Fraudulent inducement is established by proving that a false material representation was made that (1) was known to be false when it was made; (2) was intended to be acted upon; (3) was relied upon; and (4) caused injury.”  See Desta v. Anyaoha, 371 S.W.3d 596, 600 (Tex. App.—Dallas 2012, no pet.); Zhang v. Zhang, not reported.  Therefore, if your spouse says something to you prior to marriage that is false and you depend upon that false statement to marry them and then you find out and it has caused you injury in any way you might have a strong legal argument for an annulment.

What is an example?

Because this issue in the law can be quite confusing, it helps to review it in context.  In Zhang v. Zhang, the Dallas 5th District Court of Appeals had to determine whether or not the trial court was correct in granting an annulment based upon fraud.  In that particular case, the spouses had first dated and had a child together and then subsequently married.  Prior to marriage, the husband did not have his U.S. Citizenship and he told his soon-to-be bride that he loved her very much and wanted to be married to her.  Any woman would think that this is legitimate, especially since they already had a child together.  However, after they got married the husband then proceeded to tell his wife that he actually did not love her and had cheated on her prior to their marriage.  The wife did not live with the husband again after these statements were made by the husband.  The trial court heard all of the testimony and determined that the husband had made false statements prior to marriage, knowing that they were false statements at the time that they were made, and that if those statements had not been made then the wife would not have followed through with the marriage.  The trial court also determined that the husband had received a legal benefit (citizenship) by marrying the wife.  Therefore, the trial court annulled the marriage based upon fraud.  The Dallas Court of Appeals reviewed the evidence and determined that the trial court was correct in its ruling.

What should I do?

Often times I have consults with people who believe that they might be eligible for an annulment because they find out things about their spouse post-marriage that they did not otherwise know prior to marriage.  For example, you might learn after your marriage that your spouse has a criminal history.  Unfortunately, unless your spouse told you “I do not have a criminal history and you have nothing to worry about” and those statements caused you marry that person, you do not qualify.  Also, many people miss the whole “you cannot cohabitate after you find out” part about the law.  Therefore, if your spouse told you something prior to marriage and you married that person relying upon those statements and they turned out to be false it is important that you cease living with your spouse and consult with an attorney regarding your rights.  Contact Guest & Gray as we offer free family consultations and are ready and able to assist in your legal needs.

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If you have a final decree or final order in a family law case with an obvious mistake from what the trial court ordered or the parties agreed, you can get it fixed through what is called a Nunc Pro Tunc.  The key is that this mistake has to be a clerical error—did it mix up the judgment of the court.  It cannot be one that requires “judicial reasoning and determination” or in other words any thought process on the judge’s part.  If it is in fact a clerical error, then under Texas Rules of Civil Procedure, the trial court can fix this clerical error at any time.

What is an Example of a Clerical Error?

In Bernardo Reyes v. Olga Reyes, the Amarillo Seventh District Court of Appeals had to address this issue.  In that case, the trial court made an initial order on the record divorcing the parties and making appropriate orders regarding conservatorship and child support.  Most importantly, the trial court ordered that mother be the parent who has the exclusive right to designate the primary residence of the children and father to pay child support. The trial court rendered the orders on the record but the final decree was never actually signed by the court until three years later.  The problem was that the actual decree ordered mother to pay child support.  Mom filed a nunc pro tunc to fix this obvious error.  The trial court entered the nunc pro tunc, correcting the error that it was actually father who was supposed to be paying child support.  Father challenged that.  In reviewing the trial court’s record, the appellate court was able to determine that this was in fact a clerical error and affirmed the trial court’s ruling.

What do I do if my Orders are wrong?

Make sure that the error in the orders is due to someone’s name being incorrectly used or incorrect numbers, etc.  Child support is a typical area where nunc pro tunc orders are used.  If you find an error, file a nunc pro tunc as soon as possible.  It is always better to correct the error when you find it.  If you are facing this situation, contact a family law attorney at Guest & Gray for a free consultation.

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Your spouse has filed for divorce but tells you that you guys can agree on everything and that you do not need an attorney.  They also tell you that you do not even have to be served by process server but instead that you can sign a “waiver”.  This means that you sign the document, accept the petition informally from your spouse, and you will not be formally served by a process server or constable.  Many people just sign the waiver without even knowing what it means or consulting with an attorney.  The reality is you probably do not want to sign this.  Reason being, when you sign this document you waive citation, filing an answer, and further notice in your divorce.  Thus, if your spouse wanted to they could proceed forward with whatever final orders that they wanted to present to the court giving you absolutely none of the property and/or no rights to your children.

An example of just how bad a waiver of service could be is found in Garduza v. Castillo from the 5th District Dallas County Court of Appeals.   In that case, the husband appealed a Dallas trial court’s opinion to allow a default judgment order against husband and in favor of wife.  The wife initially filed a pro se (not represented by an attorney) petition for divorce and represented to the trial court that she and her husband would agree on everything.  Husband then filed a waiver of service that waived everything—future notice of any hearings, citation, filing an answer, being a part of the case.  After that, the wife hired an attorney (because apparently she could not get that agreement) and they filed a couple of amended petitions seeking primary of the children, back child support, and other issues.  The wife and her attorney then proceeded forward to the default docket and presented an order to the trial court which was signed because the husband filed a waiver.  However, once the husband received a copy of the decree he was not very happy.  All of the orders were completely against what he and his wife had initially discussed and he was not in agreement with the trial court’s determinations.  Thus, he proceeded forward with an appeal.  He still did not get an attorney and filed the appeal himself.  The appeal was not properly filed; however, because the appellate court determined that husband was never “served” properly with the amended petitions this was sufficient to grant the appeal.  That is, the appellate court did recognize that husband filed a waiver of service.  However, the appellate court determined that wife filed two amended petitions and they were never “served” on the husband as required by Texas Rules of Procedure Rule 21a.  That is, once you sign a waiver or even if you are served by a process server, if the other party files any additional affirmative pleadings they must give you proper notice of this.  This is accomplished through sending the additional affirmative pleadings via certified mail return receipt requested.  The appellate court found that the wife did not do this and thus they could overrule the trial court’s orders.

Chances are you will not be as lucky as Mr. Garduza.  He genuinely skated by and got another bite at the apple from the sheer fact that his spouse filed amended petitions and failed to serve him those by mail.  If they had not filed amended petitions and just proceeded forward with what the wife wanted in the orders, this would not have been a successful appeal.   There are actually three morals to this story—always get an attorney to protect your rights and interests; do not sign a waiver unless you are absolutely certain of the orders that will be presented to the court AND you attend all hearings; and you have to be served by a process server with the initial pleading unless you sign a waiver of service and then all future notice goes to you by certified mail.  If you are facing this situation, contact an attorney at Guest & Gray today.

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Are you facing a divorce with your spouse and you are concerned that you are not the father of your child?  You have probably always had that feeling (given your spouse’s cheating history) that you are not the child’s biological father but you just have never acted on that feeling.  However, now that you are facing a divorce you feel that it is important to raise this as an issue and deny your paternity.  Absent addressing all of the issues that can arise with a denial of paternity, you need to know what can happen in the interim while the case is pending.  You may not be the biological father, but you still may be the presumed father.

What is a presumed father?

You are the presumed father for all legal purposes if one of the following is true: you are married to the mother and the child was born during the marriage; you married the mother before the birth of the child even if the marriage could be invalid; you married the mother before the birth of the child and your name is on the birth certificate.  This means, even if you are not the biological father of the child you are the father in the eyes of the law.  Therefore, the judge can make orders according to that legal fact and most likely will do so.

Presumed fathers can be made to pay child support, even if they are not the biological father

If you have a temporary orders hearing coming up and the issue of denial of paternity is not on the court’s docket then the court can make orders with respect to visitation and even child support. Yes, you read that correctly—even child support.  You could be ordered to pay child support on the child until the denial of paternity is set for a hearing and granted by the court.  In fact, Texas Family Code Section 160.309 commands that the court must do so.  Reason being—it is not the child’s fault that you have decided to question your paternity now at this point and most courts will not leave a child without support.  You are the presumed father and therefore the Family Code allows the court to make appropriate orders in line with such.

Therefore, the suggestion would be that if you are in fact going to question your paternity you need to do so in the beginning and make sure the appropriate pleadings/requests are on file and a hearing over this issue should be heard before any other.  That may eliminate any interim orders of child support, or it may not. It will depend upon the court and the facts of your case.

It is essential that if you have any question of paternity that it must be raised at the time that you have this question.  You cannot wait in an attempt to avoid payment of child support or any other duty that a presumed father has because a court would not be too keen on someone trying to dodge their obligations.  If you are facing this issue, you sh0uld meet with a family law attorney who can advise you along the way.  Schedule a free consultation today.

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You have been served with a petition for divorce and it states you have to file an answer by 10:00 a.m. on the Monday next after the expiration of 20 days.  However, you have been working things out with your soon-to-be-ex spouse and you guys have agreed upon everything. Your spouse tells you that the service part is just part of the legal process and you do not have to do anything because you have already signed the agreed decree.  However, once everything is said and done the district clerk’s office mails you a copy of the decree and it is not the one you signed.  In fact, it contains terms that are the complete opposite as to what you agreed.  You are shocked and you have no idea what to do; according to the final decree mailed to you, your ex-spouse is taking the children, the home, and the car.

You contact an attorney and find out that your ex-spouse actually waited for your answer period to expire and then went before the judge and asked for a “default” divorce on the basis of you not answering or making an appearance.  The judge, not knowing the background of the case and relying upon the ex-spouse’s allegations, granted the default divorce and now you must work to get that reversed.

The good news is you do have a form of recourse.  You can file a motion to set aside the default judgment and a motion for new trial.  In order to be successful on this type of motion, it is important that you know the grounds for doing so.  Luckily, several appellate courts have discussed this test, also known as the Craddock elements.  It was recently discussed again by the Texarkana 6th District Court of Appeals in In the Matter of the Marriage of Lucas Woods and Jessica Woods and In the Interest of L.K.L.W. and S.B.L.W., Children.  This Court held that to analyze whether a motion for new trial should be granted and to set aside a default judgment, the trial courts must look at the following factors: “(1) the failure of the defendant to answer before judgment was not intentional, or the result of conscious indifference on his part, but was due to a mistake or accident; (2) the motion for a new trial sets up a meritorious defense; and (3) granting the motion will occasion no delay or otherwise work an injury to the plaintiff.”

In determining the first element, the Court basically said that if a person is sued and they just do not file an answer because they do not care then that person cannot claim that they were not being intentionally indifferent.  But, if you do not file an answer because of representations of your spouse, then that obviously is a legitimate reason (at least for this appellate court).  In this particular case, the wife did not file an answer because she and her husband had worked out an agreement prior to even filing the divorce and were actually already living out that agreement with their children.  Therefore, the Court held that she did not intentionally fail to file an answer and that she did not ignore the petition.  She was legitimately relying upon her spouse’s representations that she did not need to answer.

For the second factor, the Court was looking to determine if she had a defense in her affidavit (attached to her motions) that would have led the trial court to make a different decision or reach a different outcome on the final divorce.  So, the Court is asking the question: do you have any information that if given to the court would have completely changed the court’s mind and would have caused them to do something different than what was decided in the decree?  If so, this is a meritorious defense. In the case at hand, as stated before the parties had an agreement and the case involved children.  The spouses had agreed (or so the wife thought) that she would have the exclusive right to determine the primary residence of the children and that the father would have standard possession and they had been exercising this agreement for about a year or more.  The wife was specific in her affidavit as to why the decree was wrong (agreement, children were suffering due to switch, etc.).  The Court concluded that all of this information was sufficient to meet the second element because the final decree did in fact “modify the living arrangements of the children and raise concerns regarding their best interest.”

Finally, on the third factor, it is one that you must plead and then the other side has the burden of proving otherwise.  Therefore, the Court held that once you state that you would not injure the Plaintiff in having the default judgment set aside and granting the motion for new trial, the burden shifts to the Plaintiff to prove that they would in fact suffer some sort of injury (time, money, etc.).   In this case, the Court held that the husband failed to produce any proof to this effect and the wife was very timely with her filings in that it was on file within four days after the trial court entered the decree.

Thus, the wife met all three elements and the appellate Court reversed the trial court’s denial of the motion for new trial and remanded back to the trial court.

If this has happened to you, it is important that you not delay and get your pleadings on file for a motion to set aside and motion for new trial as soon as possible.  The appellate courts are very analytic in reviewing the pleadings to determine if the elements were met. Do not think that you are without any way to “fix” this problem—you have a solution but there is a time sensitive deadline.  Consult with an attorney to discuss your case in detail.

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You have just finished a long bench trial in your divorce and you do not feel that the trial court was correct in its division of your assets and liabilities.  In fact, you feel that the judge was completely wrong and you got the short end of the stick.  So, you wonder what you can do about it.  You absolutely can appeal, but you have a short window frame in order to do so and it is imperative you take certain steps in appealing.

The 7th District Court of Appeals in Amarillo makes this fact abundantly clear in Kenneth Dale Rodgers, Appellant vs. Mary Elaine Rodgers, Appellee in determining whether or not (a) “the trial court abused its discretion in the division of the property” which (b) “materially affected a just and right division of the marital estate.”   In that case, the husband was very unhappy with the property division and he appealed.  However, the husband failed to request findings of fact and conclusions of law from the trial court within the required amount of time. Therefore, the appellate court had no idea what the basis of the trial court’s ruling was and was forced to go along with it.  This is because, as the Court of Appeals held, you must request findings of fact and conclusions of law from the trial court and the trial court must then file those within a certain period of time. This allows the Court of Appeals to determine why the trial court held what it held.  The record sometimes helps, but findings of fact and conclusions of law are obviously more solid and preferred by the appellate courts.

When you have a bench trial (trial before judge, not jury), Texas Rules of Civil Procedure Rules 296 and 297 mandate that you must file your request for findings of fact and conclusions of law from the trial court “within twenty days after the judgment is signed” and then the trial court must “file its findings of fact and conclusions of law within twenty days after a timely request has been made.”  If you fail to do this, then “the trial court is presumed to have made all findings of fact necessary to support its judgment, and it must be affirmed on any legal theory that is supported by the evidence.” Rodgers v. Rodgers.

The moral of the story—you need an attorney at all times.  There are specific deadlines that must be met when preparing to appeal a trial court’s decision.  In addition to the findings of fact and conclusions of law, you also must have your appeal on file by a certain date.   There are too many deadlines to delay, contact an attorney as soon as your divorce is finalized and if there is any doubt in your mind regarding the trial court’s order.

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You have a final decree of divorce and you were either ordered to surrender a certain asset to your ex-spouse and you have not or you are the ex-spouse who is the recipient of the asset and have not received it yet.  Regardless of which situation you are in, one can be pretty certain that an enforcement action is in your near future.  The question becomes what type of relief can be sought on this type of case.  This question is answered clearly as a big “no” in In re Cherilyn Ann Kinney, Relator by the Fifth District Court of Appeals in Dallas.

In some suits for enforcement (most commonly in suits to enforce child support), one means of relief sought is jail time–confinement of up to 60 days in county jail to be exact.  However, in suits for enforcement of property division where one spouse was ordered a certain amount of money in the decree for a debt, lien, retirement division, etc. then jail time is not appropriate.  In this particular case, the wife was awarded one of the homes and to compensate the husband he was awarded$40,000.00 secured by an owelty lien on the residence awarded to wife which the wife had to pay within six months of signing the decree.   Needless to say, she did not pay the $40,000.00 within the time ordered and so her ex-husband filed an enforcement to make her do so.  Unfortunately, they asked for jail time and the trial judge did just that and the wife was arrested on the spot and placed in the county jail.

On appeal, the Court of Appeals held that the “Texas Constitution provides, ‘No person shall ever be imprisoned for a debt’.” Tex. Const. art. 1, §18.  In fact, the Texas Family Code is specific as to what property divisions are enforceable by contempt and that contempt does not mean imprisonment.  Specifically, Texas Family Code Section 9.012(b) states “A court may not, enforce by contempt an award in a decree of divorce or annulment of a sum of money payable in a lump sum or in future installments payments in the nature of debt, except for (1) a sum of money in existence at the time the decree was rendered; or (2) a matured right to future payments.  Therefore, the Court of Appeals did a legal analysis and concluded that the only way to determine if contempt is an option in an enforcement action, the decree must be specific enough—“the divorce decree must indicate the funds existed at the time the decree was rendered or specify particular community funds from which the amount is to be paid.”

Therefore, the Court of Appeals issued a bright line rule as to what remedy is available to the trial court in an enforcement action of this nature.  Specifically, the Court held that “A trial court may invoke its contempt power only to enforce delivery of specific property or an award of a right to future property or the delivery of a sum of money in existence at the time the decree was rendered or a matured right to future payments.”   Basically, the Court can order that the property be delivered or the payments be made and possibly award some attorneys’ fees.  But, in order to seek contempt you must fit within this rule the Court issued recently.

If you have a piece of property or sum of money that is owed to you from your divorce decree, do not wait to contact an attorney.  There is a 2 year statute of limitations and you need to know the options you have. Contact a family law attorney at Guest & Gray today for a free consultation.

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You are divorced and in your final orders you were awarded spousal maintenance on the basis of your disability and inability to earn sufficient income.  So, you went through all of the stages of proving your disability and proving that you could not earn the money that you need to meet your minimum reasonable needs and the judge ordered that your ex-spouse a certain amount per month to you for a certain period of time.  As you know, spousal maintenance is governed by Chapter 8 of the Family Code and with respect to a disabled spouse, it does state that maintenance can be ordered for as long as the disability persists (longer than the statutorily limited period of time).  If it is nearing the ending date of your receipt of the monthly spousal support payments, you are becoming worried because you do not know what you are going to do at this point.  Can you seek further maintenance from the Court because you are still disabled and need the money to survive?

This question was directly addressed in Stephanie Ann Novick v. Andrew A. Shervin by the Fifth District Court of Appeals in Dallas.  There, the trial court held that the wife was “presently disabled” and ordered that the husband should pay her “$2000 per month for 24 months.”  When the time was drawing near for the husband’s payments to cease, the wife filed a motion to modify to continue the support payments and the trial court dismissed that claim to which the wife appealed.  Therefore, the Dallas Court of Appeals had to determine whether or not the trial court erred in failing to honor the wife’s request in continuing the spousal support payments.  In doing do, the Court reviewed a few other appellate cases involving this particular issue to seek guidance which led the Court to render a bright line rule to determine whether or not the support payments could be continued.

The Court held, “An award of spousal maintenance in a divorce decree is properly the subject of a motion for continuance only if the decree indicates the trial judge intended to make the award pursuant to section 8.054(b) rather than 8.054(a).”  Section 8.054(b) allows a trial court to find the spouse disabled (giving guidance as to how and what it means) and in finding the spouse to be disabled, the trial court will make an award of maintenance.  This award can be made subject to periodic request based upon the request of either party and also subject to a motion to modify.  However, Section 8.504(a)  places a duration limit on how long the court can award the maintenance for (5 years) and states that a trial court must render the shortest period possible unless the spouse’s ability to earn income is totally diminished by physical or mental disability.    The key for this Court was that you can seek continuance of the maintenance if the award was under Section 8.054(b).  An example of this type of award would be where a spouse is found to be permanently disabled, awarded spousal maintenance for longer than 5 years, and the Court also order that the spouse receiving support can seek continuance beyond the court-ordered termination date.

Therefore, based upon these sections, the Court held that they have to look to final decrees in each case to determine how the trial court awarded the maintenance.   If this test outlined is not met, then the continuation cannot be granted.   In the present case, the Court denied the wife’s appeal stating that the trial court held she was “presently disabled” and limited the duration to 24 months which was less than the maximum amount of time of duration and did not expressly provide a provision that would allow for the wife to file a motion to seek continuance of the maintenance.

Appellate cases are important because they provide looking glasses into the future as to what would happen if you do not take care of your case while still in the trial court phase.  Thus, as you determine from this article, it is imperative to ensure that your rights are protected in the final order that is rendered by the trial judge—it is imperative that you ensure that the correct language is used so that you are not completely limited in the future.  If you believe that you might have a spousal maintenance claim or have already been awarded spousal maintenance and need assistance in determining whether you can seek a continuation, contact Guest & Gray for a free consult.