Post-Divorce Alimony in Texas

Written by Scott Morgan

Continued from page 1

For example, a party in a high tax bracket can agree to make monthly alimony payments in exchange for a more favorable property division. If repparttar receiving party is in a lower tax bracket,repparttar 119131 overall income tax paid could be significantly lower than what it would be otherwise.

Another factor to consider is how rarely Texas trial courts order maintenance, absent an agreement. The statute allows for maintenance only whenrepparttar 119132 specific statutory circumstances have been proven. There are several appellate cases that have reversed trial court decisions ordering maintenance whenrepparttar 119133 requesting party did not provide sufficient proof thatrepparttar 119134 standard had been met.

In cases where there is a large amount of community property, one ofrepparttar 119135 most effective arguments in attempting to defeat a maintenance claim is thatrepparttar 119136 requesting party will have ample resources to provide for their needs sincerepparttar 119137 party will receive a significant amount of assets from repparttar 119138 division of property.

Another common argument used to defeat a maintenance claim is that, duringrepparttar 119139 pendency ofrepparttar 119140 divorce,repparttar 119141 requesting party has not made significant attempts to either obtain employment or obtain training that would allowrepparttar 119142 party to obtain employment.

As an example, lets take a divorce case whererepparttar 119143 wife is requesting maintenance onrepparttar 119144 grounds thatrepparttar 119145 marriage is longer than ten years and that she lacksrepparttar 119146 earning ability to meet her minimum reasonable needs.

If,repparttar 119147 case has been pending for several months and atrepparttar 119148 time of trial she has still made no effort to obtain employment or improve her job skills, it will be a difficult claim to succeed upon. The court is unlikely to find that she is "unable" to meet her reasonable minimum needs and more likely to believe that she is unwilling to takerepparttar 119149 necessary steps in order to provide for her own support.


Alimony in Texas, while rarely ordered, is an important and complicated issue. It can be used as an effective settlement tool and can potentially be a significant trial issue. For someone involved in a Texas divorce case with a potential alimony issue,repparttar 119150 issue should be discussed in detail with an experienced divorce lawyer.

Scott Morgan is a practicing Texas divorce attorney. For more information on texas divorce visit his website at . The website provides general information and resources on divorce, as well as specific information on Texas divorce law.

How to prosecute Libel and Slander in the UK

Written by Jefferson Highway, General Counsel

Continued from page 1
So what can you do if you think you have been slandered or libeled? There are several possible course of action beyond ignoring it and not drawing attention. First, you could demand an apology. Ifrepparttar statement really is defamatory, a lawyer's letter will usually dorepparttar 119130 trick. The second response might be to approachrepparttar 119131 professional body that regulatesrepparttar 119132 channel thru whichrepparttar 119133 defamation occurred (such asrepparttar 119134 Press Complaints Commission ifrepparttar 119135 statement came viarepparttar 119136 UK press). Thirdly, you could use section 2 ofrepparttar 119137 Defamation Act 1996 withrepparttar 119138 assistance of a lawyer to get them to stop. Fourthly, an injunction can be applied for viarepparttar 119139 courts. You final recourse, is to sue -repparttar 119140 course most people are aware of. What they may NOT be aware of is how expensive this can get. There is no Aid or public funding for such cases, so unless your pockets are very deep, this must be your last resort, particularly as if you lose, you could end up payingrepparttar 119141 other side's costs too!

If it does go to court,repparttar 119142 accused has several possible defenses above and beyondrepparttar 119143 standard defense of 'the statement is true'. They could argue that they never maderepparttar 119144 statement, or thatrepparttar 119145 statement did no damage, or wasn't even defamatory. The bottom line is, before you get upset and ring a lawyer, think hard onrepparttar 119146 subject!

Jeff writes article about the law for Joe Public, and contributes articles to a free site full of top legal advice and tips.

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