When a marriage ends, legally dissolving the union—commonly known as a divorce—can be daunting. In addition to the emotional turmoil, parties often navigate complex financial matters. One of the primary concerns in many divorce cases is providing child support and temporary support to a less financially stable spouse.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC discusses temporary orders and spousal support. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only.
Navigating Child Support and Temporary Support During Divorce Proceedings
In divorce procedures, child support and temporary support are frequently addressed during an initial event known as temporary orders hearing. The goal is a quick agreement between the involved parties or their respective legal representatives. The case proceeds to a formal hearing if an agreement cannot be reached.
In situations where children are involved, and there is a significant income disparity between the parties, requests for child support and temporary support may be raised at the hearing. The court strives to maintain the “status quo” throughout the divorce proceedings. This means that the court may intervene if one party has been primarily responsible for the financial expenses. In contrast, the other party lacks the funds to cover reasonable and necessary living expenses.
The court can mandate that the financially capable party provides temporary support. This support is not solely for the child’s welfare but also aids the financially disadvantaged spouse, ensuring they can meet their essential living expenses.
Temporary Support and Child Support in the Light of Texas Family Code
In Texas, these matters are governed by the Texas Family Code. According to Section 154.001, a parent should provide for a child’s support, care, education, health, and reasonable and necessary living expenses. Here is the statute:
Sec. 154.001. SUPPORT OF CHILD. (a) The court may order either or both parents to support a child in the manner specified by the order:
(1) until the child is 18 years of age or until graduation from high school, whichever occurs later;
(2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law;
(3) until the death of the child; or
(4) if the child is disabled as defined in this chapter, for an indefinite period.
Furthermore, in a divorce proceeding, temporary orders regarding support during the pendency of the suit can be granted under Section 6.502. These may include “temporary spousal support, temporary support for the child… and payment of debts.” Here is the detailed statute:
Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS.
(a) While a suit for dissolution of a marriage is pending and on the motion of a party or on the court’s own motion after notice and hearing, the court may render an appropriate order, including the granting of a temporary injunction for the preservation of the property and protection of the parties as deemed necessary and equitable and including an order directed to one or both parties:
(1) requiring a sworn inventory and appraisement of the real and personal property owned or claimed by the parties and specifying the form, manner, and substance of the inventory and appraisal and list of debts and liabilities;
(2) requiring payments to be made for the support of either spouse;
(3) requiring the production of books, papers, documents, and tangible things by a party;
(4) ordering payment of reasonable attorney’s fees and expenses;
(5) appointing a receiver for the preservation and protection of the property of the parties;
(6) awarding one spouse exclusive occupancy of the residence during the pendency of the case;
(7) prohibiting the parties, or either party, from spending funds beyond an amount the court determines to be for reasonable and necessary living expenses;
(8) awarding one spouse exclusive control of a party’s usual business or occupation
Understanding child support and temporary support laws is crucial for anyone beginning the divorce process. It’s not just about legal obligations; it’s about ensuring a fair and equitable resolution for all parties involved, particularly children.
Given the complex nature of these issues and the potential long-term impacts, seeking expert legal advice is always recommended. A well-versed attorney can provide guidance, helping parties navigate the Texas Family Code and other pertinent statutes and ensuring the best possible outcomes for all involved.
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Hire An Experienced Fort Worth, Texas, Divorce Attorney
When navigating, the challenging terrain of family law matters in Texas, particularly those pertaining to child and temporary support during a divorce, enlisting an experienced Texas-based family law firm or attorney is crucial.
Expert family law attorneys not only bring an in-depth knowledge of the Texas Family Code, they also provide strategic counsel tailored to your unique situation, represent you effectively during negotiations and court hearings, and alleviate your stress by managing the legal complexities. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Do I Retain A Family Attorney To Represent Me?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments.
- If A Parent Passes Away, By Law, Does The Other Parent Get Custody Of The Child?
- How to Prepare for Your Divorce: Tips from An Attorney.
- What to Do if Your Spouse Didn’t Serve You the Divorce Papers?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
