Can my soon to be ex wife take half of my pay check before we go to court?
Full Question:
Can my soon to be ex wife take half of my pay check before we go to court for the final divorce?
05/18/2007 |
Category: Divorce |
State: Texas |
#5197
Answer:
Generally, the court may order that one spouse support the other during the pendancy of the divorce action and/or after the divorce has become final. Support awarded pending the final decree of divorce is not to extend beyond the period of time necessary for the prosecution of the divorce action.
The relevant Texas statutes are as follows:
§ 6.502 FAM. Temporary Injunction and Other Temporary Orders
(a) While a suit for dissolution of a marriage is pending and on the
motion of a party or on the court's own motion after notice and hearing,
the court may render an appropriate order, including the granting of a
temporary injunction for the preservation of the property and protection
of the parties as deemed necessary and equitable and including an order
directed to one or both parties:
(1) requiring a sworn inventory and appraisement of the real and
personal property owned or claimed by the parties and specifying the
form, manner, and substance of the inventory and appraisal and list of
debts and liabilities;
(2) requiring payments to be made for the support of either spouse;
(3) requiring the production of books, papers, documents, and tangible
things by a party;
(4) ordering payment of reasonable attorney's fees and expenses;
(5) appointing a receiver for the preservation and protection of the
property of the parties;
(6) awarding one spouse exclusive occupancy of the residence during the
pendency of the case;
(7) prohibiting the parties, or either party, from spending funds
beyond an amount the court determines to be for reasonable and necessary
living expenses;
(8) awarding one spouse exclusive control of a party's usual business
or occupation; or
(9) prohibiting an act described by Section 6.501(a).
(b) Not later than the 30th day after the date a receiver is appointed
under Subsection (a)(5), the receiver shall give notice of the
appointment to each lienholder of any property under the receiver's
control.