Tellez v. Tellez
2011 Tex. App. LEXIS 5226
| Tex. App. | 2011Background
- This is a Texas divorce appeal challenging spousal maintenance and its duration.
- The final decree awarded Wife 72% of net community assets after debt and ordered Husband to pay $800 monthly in spousal maintenance for 36 months.
- Wife appeals arguing the maintenance amount and duration were improperly awarded.
- Trial court entered findings of fact and conclusions of law supporting the decree.
- Wife’s aggregate monthly expenses and income were considered, and the record showed a cap on maintenance under statute.
- The appellate court upholds the trial court’s discretion, concluding the amount and duration were within statutory limits and supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $800/month is an abuse of discretion for maintenance amount | Tellez argues the amount should be $1,505.68 | Husband argues the award is proper and within the statutory cap | No abuse; amount within statutory cap and supported by evidence |
| Whether the maintenance duration should be indefinite | Wife seeks indefinite maintenance due to disability | Court may only award up to 3 years unless disability permits indefinite maintenance | Indefinite maintenance not warranted; duration limited to three years under §8.054(a) |
| Whether the statutory cap on maintenance was violated by the award | Wife claims cap should allow higher monthly payments given Husband's discretionary spending | Cap (min of $2,500 or 20% of gross income) not exceeded; 20% of $7,318 = $1,463; award of $800 complies | No cap violation; award complies with statutory cap (20% of gross income) |
Key Cases Cited
- Yarbrough v. Yarbrough, 151 S.W.3d 687 (Tex. App.-Waco 2004) (abuse-of-discretion standard for spousal maintenance decisions; evidence supporting award sufficient)
- In re Bertram, 981 S.W.2d 820 (Tex.App.-Texarkana 1998) (review of minimum needs; case-by-case factual determination)
- Deltuva v. Deltuva, 113 S.W.3d 882 (Tex.App.-Dallas 2003) (guides regarding balancing needs, income, and shortfall in setting maintenance)
- Pickens v. Pickens, 62 S.W.3d 212 (Tex.App.-Dallas 2001) (eligibility for maintenance under §8.051; analysis of statutory standards)
- In re Hale, 975 S.W.2d 694 (Tex.App.-Texarkana 1998) (fact-specific determination of minimum reasonable needs for maintenance)