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What is an Income Withholding Order in Texas? Texas law provides for a court to enter a wage withholding order as a tool to help in collecting spousal maintenance (alimony) payments and child support payments. The order requires the employer of the party obligated to pay to withhold a portion of his paycheck.
Amount of Maintenance in Texas Texas is unique in that, unlike many other states, the law limits the amount of support a court can order. Maintenance awards may not be more than $5000 per month or more than 20% of the spouse's average monthly gross income (whichever is less).
Taxes and Contractual Alimony If you receive contractual alimony in Texas, you no longer need to declare it as income. The Internal Revenue Service tax code used to provide that the payor spouse could deduct the payments from their taxes, while the receiving spouse had to declare them as income.
In order to be eligible, the spouse seeking maintenance must lack sufficient property once the divorce is final (including separate property) to provide for her minimum reasonable needs.
Education: If you can obtain an education or training that will entitle you to earn a higher wage, you may be disqualified for spousal support. Abandonment: If you abandon your spouse, you may be disqualified for spousal support.