The Texas Family Code has undergone some significant and important changes in 2011. The two most significant concern spousal support/alimony and mistaken paternity.
Spousal Maintenance/Alimony
Beginning with divorces filed after September 1, 2011, the amount of spousal maintenance that a Court may order and the length of the obligation have increased. The law sets the maximum length of a spousal support obligation based on the length of the marriage. If the marriage lasted for more than 10 years the Court may award spousal support for up to 5 years. If the marriage lasted from 10 to 20 years the Court may award spousal maintenance for up to 7 years, and if the marriage lasted more than 20 years the Court may award spousal support for up to 10 years. In addition the Court may now order up to $5000 per month inn spousal maintenance.
Mistaken Paternity
Beginning May 12, 2011, if a man has been named the father, in a prior court order, of a child that is not biologically his, he may file a lawsuit to terminate his parental rights including his obligation to provide child support. The man has one year from the date of discovering that he is not the biological father of the child to file such a lawsuit. If the man knew he was not the biological father of the child prior to May 12, 2011 he has until May 12, 2012 to file a lawsuit. The law also allows the Court to make orders for the man to have continued possession and access if evidence is presented that a continued relationship with the child would benefit the child.
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From my office in Austin, I provide legal advice and representation for clients throughout Travis County, Williamson County and Hays County, Texas. To arrange an initial consultation with an experienced Austin paternity lawyer, call my office at 512-708-0947 or contact me by e-mail.
