Monetary help offered from one partner to a different following a marital dissolution in Texas is ruled by particular authorized statutes. This help, typically known as spousal upkeep, goals to help a partner who lacks adequate property or earnings to satisfy their minimal affordable wants after the conclusion of the wedding. For instance, a long-term marriage the place one partner primarily managed the family and raised kids could end in a courtroom ordering the opposite partner to offer monetary help.
The aim of such help is to deal with potential financial imbalances created throughout the marriage. It affords a mechanism to assist a much less financially safe partner change into self-sufficient after the divorce. Traditionally, the supply of this help mirrored societal expectations round gender roles and financial dependence inside marriage. Fashionable statutes, nonetheless, give attention to want and talent to pay, with the objective of selling equity and independence for each events concerned.
Understanding the factors for eligibility, the components thought-about in figuring out the quantity and length, and the circumstances beneath which it may be modified are essential facets of navigating the complexities of marital dissolutions within the state. These parts are central to the dialogue of help orders and their implications.
1. Eligibility Standards
In Texas, eligibility standards kind the bedrock upon which any willpower of spousal upkeep following divorce relies. With out assembly particular statutory necessities, a request for post-divorce monetary help won’t succeed. These standards perform as a filter, guaranteeing that help is awarded solely in conditions the place a demonstrable want exists alongside a legally acknowledged justification. As an example, a partner who was the sufferer of household violence throughout the marriage, or who cares for a disabled little one, could meet these necessities, thus opening the chance for a help order. The impact of those necessities is to restrict the cases wherein help is ordered, focusing help on instances involving hardship or demonstrable drawback ensuing from the conjugal relationship.
The size of the wedding is a major issue affecting eligibility. If the wedding lasted lower than ten years, particular triggers should be current, equivalent to spousal incapacity stopping self-support, to warrant upkeep. Conversely, longer marriages create a presumption of eligibility if the requesting partner can’t meet their minimal affordable wants. For instance, in a wedding of 25 years the place one partner devoted their time to homemaking, their potential to re-enter the workforce and obtain monetary independence could also be considerably diminished. This illustrates the sensible software of contemplating the financial impression of marital roles when figuring out eligibility.
In abstract, the eligibility standards for spousal upkeep in Texas divorce instances function important gatekeepers. They supply a framework for evaluating the financial penalties of the divorce and be certain that help is focused in the direction of conditions the place a reputable want arises from components related to the wedding. Understanding these standards is important for anybody considering divorce, because it instantly impacts the potential for receiving or being obligated to pay monetary help. Challenges come up when navigating the interpretation of “minimal affordable wants,” which frequently requires detailed monetary evaluation and authorized argumentation. The significance of correctly presenting the case rests upon proof that clearly exhibits both a necessity for help or a capability to offer it to satisfy the set standards.
2. Length Limits
In Texas divorces involving spousal upkeep, statutory length limits are a crucial element of the monetary association. These limits instantly have an effect on the interval for which help is offered, making a time-bound obligation distinct from perpetual preparations. The size of the wedding considerably influences these limits. For instance, a wedding lasting between ten and twenty years could end in upkeep restricted to 5 years, contingent on particular components. This contrasts with longer marriages, the place help could prolong for as much as ten years, highlighting a tiered method to length primarily based on marital longevity. The existence of those statutory limits gives an outlined endpoint for the monetary help obligation, providing predictability for each the paying and receiving partner.
The imposition of length limits serves a number of functions. It encourages self-sufficiency for the receiving partner, selling their reintegration into the workforce or the event of other earnings streams. Conversely, it gives a level of certainty for the paying partner, stopping doubtlessly indefinite monetary burdens. A state of affairs includes a partner who receives upkeep for a set interval, throughout which they pursue additional schooling or coaching to boost their employment prospects. The time-bound nature of the help incentivizes them to actively search monetary independence. Moreover, modifications to the length can happen beneath particular circumstances, equivalent to a change within the receiving spouses potential to change into self-sufficient.
Understanding the length limits is crucial for efficient monetary planning throughout and after a divorce. The precise limitations positioned on the timeframe for alimony considerably impression the general monetary settlement and the long-term financial well-being of each events. Failing to completely grasp these implications can result in unrealistic expectations or insufficient preparation for future monetary wants. The courts’ use of those limits as a part of their choices signifies that authorized council must be consulted and regarded all through divorce proceedings.
3. Wants evaluation
In Texas divorce proceedings the place spousal upkeep is a consideration, a rigorous analysis of the requesting partner’s monetary wants is paramount. This evaluation varieties the inspiration for figuring out whether or not help is warranted and, if that’s the case, the suitable quantity. It’s an goal examination of bills, earnings, and assets, designed to determine the extent of economic dependency.
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Analysis of Minimal Affordable Wants
The courtroom should establish the minimal affordable wants of the requesting partner. This includes scrutinizing month-to-month bills, together with housing, meals, healthcare, and transportation. Wants are assessed relative to the usual of dwelling established throughout the marriage, though a disparity between pre-divorce life-style and post-divorce assets is commonly anticipated. For instance, a partner accustomed to a sure life-style may have to regulate expectations to a extra modest price range post-divorce.
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Examination of Revenue and Incomes Potential
The evaluation features a thorough assessment of the requesting partner’s present earnings from employment, investments, or different sources. Critically, it additionally considers their incomes potential, making an allowance for schooling, abilities, and work expertise. If the courtroom determines the partner is voluntarily underemployed, it might impute earnings primarily based on what they might moderately earn, affecting the necessity calculation. An instance could be a instructor who now works part-time in retail regardless of the flexibility to safe a full-time place.
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Consideration of Accessible Property
The evaluation extends past earnings to embody all accessible belongings, together with financial savings, investments, and property obtained within the divorce settlement. These belongings are factored into the calculation of want. A partner with substantial financial savings or investments could also be deemed much less in want of ongoing help. As an example, a partner receiving a major share of the marital property could also be anticipated to attract on these assets earlier than being awarded spousal upkeep.
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Impression of Incapacity or Caregiving Tasks
The presence of a incapacity that stops self-support, or the duty of caring for a disabled little one of the wedding, considerably impacts the wants evaluation. These components create a reputable foundation for demonstrating ongoing monetary dependency. A partner unable to work attributable to a medical situation or who’s the first caregiver for a disabled little one will doubtless have a larger want for spousal upkeep.
The findings of the wants evaluation are instantly linked to the willpower of spousal upkeep in Texas divorces. These wants assessments present a monetary snapshot of the divorcing particular person and the state expects an individual should exhaust all assets previous to receiving alimony.
4. Incomes capability
Incomes capability performs a pivotal position in figuring out eligibility for and the quantity of spousal upkeep awarded in Texas divorce instances. It represents the courtroom’s evaluation of a partner’s potential to earn earnings, influencing choices relating to monetary help obligations.
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Evaluation of Abilities and Schooling
The courtroom examines the requesting partner’s schooling, coaching, and abilities to find out their potential incomes energy. This includes evaluating whether or not the person possesses marketable abilities that may translate into employment. As an example, a partner with an expert diploma could be anticipated to safe higher-paying employment than somebody with solely a highschool diploma. The absence of current work expertise, nonetheless, can complicate this evaluation.
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Labor Market Circumstances
Native labor market situations are additionally thought-about when assessing incomes capability. The provision of jobs in a partner’s area and the prevailing wage charges affect the courtroom’s expectations. A partner residing in an space with restricted job alternatives could have a decrease imputed incomes capability than somebody dwelling in a thriving financial heart.
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Imputation of Revenue
If the courtroom finds {that a} partner is voluntarily unemployed or underemployed, it might impute earnings primarily based on their incomes capability. This implies the courtroom assigns an earnings stage that the partner might moderately earn, no matter their precise earnings. For instance, a certified nurse working part-time as a receptionist could have earnings imputed primarily based on a full-time nursing place. This prevents a partner from deliberately limiting their earnings to extend their spousal upkeep award.
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Vocational Evaluations
In complicated instances, vocational evaluations could also be ordered to offer an professional opinion on a partner’s incomes capability. These evaluations sometimes contain testing, interviews, and labor market analysis to find out a practical earnings potential. These evaluations could also be costly, and are due to this fact employed in complicated instances the place a large award of alimony is being requested, or a substantial distinction of opinion exists between spouses over incomes potential.
The evaluation of incomes capability is a crucial element of figuring out spousal upkeep obligations in Texas divorces. It instantly influences eligibility, the quantity awarded, and the length of help. By fastidiously evaluating a partner’s potential to earn earnings, the courtroom goals to advertise self-sufficiency and equity within the monetary consequence of the divorce.
5. Marital misconduct
Marital misconduct, encompassing actions equivalent to adultery, abuse, or abandonment, is a consideration in Texas divorce proceedings, albeit with limitations on its direct impression on spousal upkeep. Whereas not a major determinant, proof of misconduct can affect courtroom choices beneath particular circumstances.
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Admissibility of Proof
Texas legislation restricts the consideration of marital misconduct in spousal upkeep determinations until the misconduct occurred throughout the marriage. The misconduct must be egregious and instantly contribute to the monetary circumstances of the requesting partner. For instance, if one partner depleted marital belongings by means of an adulterous affair, this may very well be thought-about.
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Impression on Property Division
Though direct consideration in spousal upkeep is proscribed, marital misconduct can affect the division of neighborhood property. A partner who engaged in egregious misconduct could obtain a smaller share of the marital property. This oblique impact on accessible assets can, in flip, impression the necessity for spousal upkeep. As an example, a diminished share of property attributable to misconduct would possibly enhance the necessity for monetary help.
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Relationship to Abuse
Household violence perpetrated by one partner towards the opposite is a major issue. If a partner was convicted of or obtained deferred adjudication for a household violence offense towards the opposite partner inside two years of the divorce submitting, this strengthens the case for spousal upkeep. This provision prioritizes the safety of victims of abuse inside the divorce course of.
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Causation Requirement
Even when misconduct is confirmed, a direct hyperlink should be established between the misconduct and the monetary want of the requesting partner. The misconduct will need to have materially impacted the partner’s potential to help themselves. As an example, if a partner’s profession was instantly harmed because of the different partner’s abusive conduct, this connection strengthens the justification for upkeep.
Though Texas legislation limits the direct affect of marital misconduct on spousal upkeep, proof of such conduct can nonetheless not directly have an effect on outcomes. The interrelation between property division, documented cases of household violence, and the requirement for a demonstrable causal hyperlink emphasize the nuanced consideration given to misconduct inside the framework of divorce and spousal help in Texas.
6. Help quantity
The help quantity, a core element of spousal upkeep inside Texas divorce proceedings, instantly addresses the monetary disparity which will exist between divorcing spouses. Its calculation includes a meticulous examination of things associated to want and talent to pay, establishing a monetary framework supposed to mitigate financial imbalances arising from the dissolution of marriage.
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Statutory Limitations
Texas legislation imposes statutory limitations on the quantity of spousal upkeep. Usually, the month-to-month help can’t exceed $5,000 or 20% of the obligor’s common month-to-month gross earnings, whichever is decrease. These limits present a ceiling, proscribing the monetary burden positioned on the paying partner. For instance, if a partner’s common gross month-to-month earnings is $10,000, the utmost help quantity can’t exceed $2,000.
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Consideration of Affordable Wants
The help quantity is intrinsically linked to the affordable wants of the requesting partner. The courtroom assesses the monetary assets required to take care of a minimal way of life, contemplating bills equivalent to housing, meals, healthcare, and transportation. The quantity awarded is calibrated to cowl the demonstrated hole between earnings and affordable bills. As an example, if a partner’s affordable month-to-month wants complete $3,000 and their earnings is $1,000, the help quantity could intention to bridge that $2,000 hole, topic to statutory limitations.
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Capability to Pay
The obligor’s potential to pay is a crucial consider figuring out the help quantity. The courtroom assesses the paying partner’s earnings, belongings, and bills to find out the extent to which they’ll moderately present monetary help. The help quantity is adjusted to mirror the obligor’s capability to pay with out undue monetary hardship. A partner with important debt or monetary obligations could have a decrease help quantity assigned.
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Components Influencing Discretionary Changes
Whereas statutory pointers and need-based calculations present a framework, the courtroom retains discretion to regulate the help quantity primarily based on particular circumstances. Components such because the size of the wedding, the requesting partner’s contributions to the wedding, and any cases of marital misconduct can affect the courtroom’s determination. An extended marriage the place one partner sacrificed profession alternatives could warrant a better help quantity.
The last word help quantity in Texas divorce instances is a product of statutory limitations, wants evaluation, and the obligor’s potential to pay. These components are interwoven to strike a steadiness between offering sufficient monetary help to the requesting partner and guaranteeing the obligor can meet their very own monetary obligations. The courts be certain that spousal help awards are appropriately tailor-made to the particular circumstances of every divorce. These instances take into account components that come up throughout the marriage and try to offer monetary equality for events after a divorce.
7. Modification clauses
Modification clauses are integral to spousal upkeep orders in Texas divorces, providing a mechanism to regulate monetary help primarily based on important adjustments in circumstances occurring post-decree. These clauses acknowledge the dynamic nature of life and the potential for unexpected occasions to impression the monetary stability of both the paying or receiving partner.
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Grounds for Modification
Modification of spousal upkeep requires a exhibiting of a cloth and substantial change in circumstances. This may increasingly embrace a change in earnings, employment standing, well being, or dwelling preparations. For instance, if the receiving partner remarries or cohabitates with a brand new companion, this might present grounds for terminating or lowering help. Equally, a major job loss by the paying partner could warrant a downward modification. The change should be important sufficient to warrant courtroom intervention.
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Impression of Remarriage
Remarriage of the receiving partner sometimes terminates the spousal upkeep obligation in Texas. This displays the belief that the brand new marriage gives another supply of help. Nevertheless, the paying partner should formally search termination of the order; it doesn’t mechanically stop upon remarriage. This underscores the significance of adhering to authorized procedures for modifying spousal upkeep.
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Process for Modification
Modifying a spousal upkeep order requires submitting a proper movement with the courtroom. Each events should be given discover and a chance to current proof. The courtroom will assessment the proof and decide whether or not a cloth and substantial change in circumstances has occurred. The occasion searching for modification bears the burden of proof. The courtroom will take into account the unique decree, the present circumstances, and the related proof to make its willpower.
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Retroactive Modification Limitations
In Texas, modifications to spousal upkeep are typically potential, that means they take impact from the date the movement for modification is filed, relatively than retroactively altering previous funds. There are restricted exceptions to this rule, however typically, a celebration can’t search reimbursement for previous help funds primarily based on modified circumstances. This emphasizes the significance of promptly searching for modification when a major change happens.
Modification clauses be certain that spousal upkeep orders in Texas divorces stay aware of altering realities. By offering a mechanism for adjusting help, these clauses promote equity and stop undue hardship on both occasion. The precise info shall be fastidiously analyzed to find out the true want for modification. Events topic to a divorce decree are inspired to right away seek the advice of counsel with the intention to decide their rights and obligations with respect to altering a help order.
8. Enforcement strategies
Efficient enforcement mechanisms are crucial to making sure compliance with spousal upkeep orders issued in Texas divorce proceedings. With out dependable enforcement strategies, courtroom orders change into hole pronouncements, failing to offer the supposed monetary help and undermining the authorized system.
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Wage Garnishment
Wage garnishment is a major software for implementing spousal upkeep obligations. The courtroom can order an employer to withhold a portion of the obligor’s wages and remit it on to the receiving partner. This ensures a constant and dependable cost stream. Wage garnishment is usually easy, offering a predictable technique of amassing help. Nevertheless, it depends on the obligor being employed and could also be ineffective if the obligor adjustments jobs regularly or works within the casual economic system.
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Contempt of Courtroom
Failure to adjust to a spousal upkeep order can lead to a discovering of contempt of courtroom. The obligor could face fines, imprisonment, or each. Contempt proceedings are initiated when the obligor willfully disobeys a sound courtroom order. Contempt is a strong enforcement software however requires demonstrating that the obligor had the flexibility to pay and deliberately failed to take action. Efficiently pursuing contempt requires meticulous documentation of non-payment and monetary circumstances.
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Property Liens
The courtroom can impose a lien on the obligor’s property to safe the spousal upkeep obligation. This prevents the obligor from promoting or transferring the property with out satisfying the debt. A lien gives a safety curiosity, guaranteeing that the receiving partner has a declare towards particular belongings. Nevertheless, the effectiveness of a lien will depend on the obligor proudly owning precious property and could also be difficult by current mortgages or different encumbrances.
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License Suspension
In sure instances, the courtroom could droop the obligor’s driver’s license or skilled licenses for failure to pay spousal upkeep. This measure is usually reserved for egregious instances of non-compliance and goals to exert important stress on the obligor to meet their monetary obligations. License suspension can severely impression the obligor’s potential to work and keep a traditional life. Nevertheless, its use is topic to authorized restrictions and will not be applicable in all conditions.
The enforcement strategies accessible in Texas divorces involving spousal upkeep present a multifaceted method to making sure compliance with courtroom orders. Wage garnishment, contempt of courtroom, property liens, and license suspension every provide distinct mechanisms for compelling cost, permitting courts to tailor enforcement methods to the particular circumstances of every case. The choice and effectiveness of those strategies considerably affect the monetary safety of the receiving partner and the integrity of the authorized course of.
Incessantly Requested Questions About Spousal Upkeep in Texas
This part addresses frequent inquiries regarding spousal upkeep in Texas divorce instances, providing clear and concise explanations grounded in authorized rules.
Query 1: What’s the elementary goal of spousal upkeep in Texas divorces?
The basic goal is to offer monetary help to a partner who lacks adequate assets to satisfy their minimal affordable wants following a divorce. It’s designed to deal with financial imbalances arising from the wedding, significantly in conditions the place one partner has restricted incomes capability attributable to components equivalent to incapacity or long-term homemaking duties.
Query 2: What are the first components thought-about by Texas courts when figuring out eligibility for spousal upkeep?
Main components embrace the size of the wedding, the requesting partner’s potential to earn a adequate earnings, their well being and age, and whether or not household violence occurred throughout the marriage. The requesting partner should exhibit a necessity for help, usually linked to an incapability to change into self-supporting attributable to these components.
Query 3: How do Texas legal guidelines restrict the quantity and length of spousal upkeep awards?
Texas legislation typically limits spousal upkeep to the lesser of $5,000 per 30 days or 20% of the obligor’s common month-to-month gross earnings. The length of help is tied to the size of the wedding, with particular statutory limits primarily based on marriage length tiers. These limitations mirror a coverage choice for selling self-sufficiency.
Query 4: What constitutes a “materials and substantial change in circumstances” that might justify modification of a spousal upkeep order?
A cloth and substantial change in circumstances consists of occasions that considerably alter the monetary standing of both partner, equivalent to a job loss, a critical sickness, or the remarriage of the receiving partner. The change should be important sufficient to warrant a courtroom’s reevaluation of the help obligation.
Query 5: What are the most typical strategies used to implement spousal upkeep orders in Texas?
Frequent enforcement strategies embrace wage garnishment, the place a portion of the obligor’s wages is instantly withheld, and contempt of courtroom proceedings, which may end up in fines or imprisonment for willful non-compliance. Property liens and license suspensions might also be employed in egregious instances.
Query 6: Can marital misconduct, equivalent to adultery, instantly impression the willpower of spousal upkeep in Texas?
Whereas marital misconduct could affect property division, its direct impression on spousal upkeep is proscribed. Nevertheless, a conviction for household violence towards the opposite partner inside two years of submitting for divorce can strengthen a declare for spousal upkeep.
In abstract, spousal upkeep in Texas is a posh authorized difficulty ruled by particular statutes and judicial interpretations. Understanding these key questions can present precious insights into the components thought-about by courts when figuring out eligibility, quantity, length, and enforcement of help obligations.
Transferring ahead, it’s essential to seek the advice of with a certified lawyer to deal with particular authorized questions associated to spousal upkeep in Texas divorce proceedings.
Navigating Monetary Help After Divorce in Texas
Efficiently navigating monetary help preparations after divorce in Texas requires cautious planning and a complete understanding of authorized and monetary components. The following tips provide steering on navigating the complexities of spousal upkeep.
Tip 1: Perceive Eligibility Necessities. A willpower of eligibility is rooted in statutes which have established wants for {couples} in want of help, significantly those that could have taken time away from working, or who’re in any other case disabled from offering for themselves after a wedding.
Tip 2: Collect Complete Monetary Documentation. Correct data of earnings, belongings, money owed, and bills are important for establishing monetary want or potential to pay. Documentation consists of pay stubs, tax returns, financial institution statements, and bank card statements. Constant and arranged data improve the credibility of a case.
Tip 3: Assess Incomes Capability Realistically. Think about present job abilities, schooling, and native labor market situations when evaluating potential earnings. An trustworthy evaluation helps in projecting monetary independence or figuring out an affordable help quantity. Vocational evaluations could present goal insights.
Tip 4: Perceive Statutory Limitations on Help. Texas legislation imposes limits on each the quantity and length of help. Familiarity with these limitations informs expectations and monetary planning. The utmost month-to-month help is usually capped at $5,000 or 20% of the obligor’s common month-to-month gross earnings, whichever is decrease.
Tip 5: Doc Marital Misconduct, If Relevant. Whereas marital misconduct doesn’t mechanically assure spousal upkeep, documenting cases of household violence or egregious monetary misbehavior is crucial. Preserve data of police stories, medical data, and monetary transactions to help associated claims.
Tip 6: Search Authorized Steering Early within the Course of. Texas statutes associated to alimony are difficult. Session with authorized counsel early in divorce proceedings will assist to navigate the case.
Adhering to those pointers helps these searching for to find out if they’re in compliance with Texas statues relating to monetary help after divorce. Seek the advice of with an lawyer to completely perceive the legal guidelines.
The next abstract gives the advantages of taking recommendation from authorized counsel with an experience in Texas statutes. This motion can doubtlessly alter a divorce case and result in an affordable consequence.
Divorce in Texas Alimony
The examination of divorce in Texas alimony, in any other case often known as spousal upkeep, reveals a multifaceted authorized assemble. Key parts embrace strict eligibility necessities, statutory limits on length and quantity, the crucial evaluation of economic want and incomes capability, and the supply of modification and enforcement mechanisms. These components collectively form the panorama of post-divorce monetary help, impacting each the receiving and paying spouses.
Navigating the complexities of economic settlements requires cautious planning, complete documentation, and knowledgeable authorized counsel. The long-term monetary well-being of each events hinges on a transparent understanding of relevant legal guidelines and a strategic method to addressing particular person circumstances. Prioritizing knowledgeable decision-making and searching for skilled steering are essential steps towards attaining a simply and equitable consequence in dissolution instances involving monetary help.
