Heller v. Heller

The appellant contends that the trial court erred by ordering income withholding for contractual alimony. A promise to pay contractual alimony creates nothing more than a debt, not a legal duty imposed by Texas law. The garnishment of current wages violates the Texas Constitution. The trial court's judgment is reversed and rendered. Beaumont Court of Appeals, No. 09-11-00551-CV

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

In a final divorce decree, Steven Clark Heller agreed to pay contractual alimony to Desiree Cheyenne Heller. When Steven failed to make payments, Desiree sought a wage withholding order. Steven filed a motion to stay issuance of the order. The trial court denied Steven‟s motion and entered a wage withholding order. In his sole appellate issue, Steven contends that the trial court erred by ordering income withholding for contractual alimony. We reverse the trial court‟s order of wage withholding.

The Texas Constitution provides that current wages for personal service are not subject to garnishment, except for the enforcement of court-ordered child support or spousal maintenance. Tex. Const. art. XVI, § 28. Likewise, section 8.101 of the Texas Family Code allows a trial court to order income withholding to enforce spousal maintenance. Tex. Fam. Code Ann. § 8.101 (West 2006). The Family Code allows a trial court to enter a wage withholding order to enforce either spousal maintenance or contractual alimony if the contract permits income withholding or if payments are not timely made under the contract‟s terms. Id. § 8.101(b). Whether a trial court may order income withholding for alimony payments is a question of law that we review de novo. Kee v. Kee, 307 S.W.3d 812, 813 (Tex. App.-Dallas 2010, pet. denied).

More From ALM

Gain a competitive edge with essential trends and insights shaping the legal landscape. Uncover strategies for navigating client demands, leveraging technology, and reducing administrative burdens. Download the yearly roundup report.

Yearly Roundup: Strategic Insights for Law Firm Decision Making

Brought to you by CARET Legal
Download Now

Unlock tips on the best approach to selecting, implementing, and optimizing legal software to streamline your small law firm's operations. From automating administrative tasks to improving client relationships, this playbook offers a step-by-step guide and a helpful checklist to optimize your firm's processes and determine the best software for your practice.

Small Law Firm Playbook: The Expert's Guide to Getting the Most Out of Legal Software

Brought to you by PracticePanther
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More