What if she is remarried?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What if she is remarried?
I got a divorce in the state of Texas, and am paying spousal maintenance. In Texas Family Law, it states that if the spouse receiving maintenance cohabitates in a romantic relationship or remarries, I am no longer responsible for payment. My question is, if her attorney left out that clause in the divorce decree, am I still responsible for payment since she remarried, and can I sue the attorney for misrepresentation?
I understand helping until she got on her feet, but she is now. She is remarried, and has two vocational certifications she got while we were still married, yet she simply refuses to work.
Asked on July 13, 2016 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your ability to terminate the spousal support obligation is controlled by the wording in your decree and why the support was ordered. You really need to have a different attorney look over the decree for any loopholes. This may save you from additional litigation. If the decree doesn’t have a loophole or exit clause, you can still file a motion to modify or terminate the support obligation since she is now formally back on her feet… which is the main purpose of marital support in Texas.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.