Legal Question in Family Law in Texas

Can I take too much?

My husband and I have two children, ages 5 and 6. I plan on leaving in a couple of weeks and have mentioned to him that I would be leaving but he doesn't know when. He has not had a job in almost two years. I took out money out of my 401K to buy his truck two years ago. I used a retention bonus I received from my job to buy another used vehicle that no longer works and I just purchased this computer a couple of months ago with more of my 401K money. I plan on taking the kids, the truck and the computer, as well as anything else I can fit into the truck. Is it possible for me to take too much? And do I have a right to demand support before we file for divorce or not until after? I was also told he could sue me for alamony. Is this true? Thanks!


Asked on 4/27/99, 9:50 pm

1 Answer from Attorneys
David Sergi Sergi and Associates PLLC

Re: Can I take too much?

The answer to yopur question is fairly simple.

You can never leave with to much, the issue

is how the assets are distributed.

As you may know, you live in a community property

state and thus half of what you both owe and

aquired, inclusive of income, are considered

community property.

So, take what you need, and when you leave,

file for a TRO that limits him on what he can do finacially.

By the way, there is no alimoney in Texas except

in extreme circumstances which dont seem

relevant here. In fact, he should have rude

shock coming. Most judges hate good for nothing

lay about husbands and will wind up owing

you for child support and health insurance.

Please email me if you wnat more info.

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Answered on 5/01/99, 2:54 pm


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