When a couple gets divorced, there are many things to think about. One of the most important things to consider is money. It includes issues like spousal support and child support.
If you’re in a situation where one spouse is unemployed and the other makes more money, it can be hard to figure out who should pay support. Child support is usually figured out with a formula that takes into account income, expenses, and the number of children involved.
Spousal support is more complicated since there isn’t a set formula for calculating it. However, you may be able to get help from your lawyer if you are having problems figuring this out.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, gets into the details of whether someone can file for child support and spousal maintenance simultaneously. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Can Someone File For Both Child Support And Spousal Maintenance?
Yes, the courts can order both spousal maintenance and child support. They are mutually exclusive. Child support is what an obligor meaning the non-custodial parent, is obligated to pay to support their child. It will be based on their gross earnings or whatever the court believes is in the child’s best interest.
Spousal support, spousal maintenance, or contractual alimony revolves around property division and a series of payments to ensure that the ex-spouse can bear the brunt of finances after divorce. You have to meet prerequisites under the Family Code to have the court order you to have spousal support.
The “Spousal Maintenance” Under The Texas Family Code
According to Texas Family Code, Chapter 8, the spouse requesting support must meet the eligibility requirements outlined in Texas Family Code to receive spousal maintenance. The most important requirement is that the spouse seeking support cannot meet their minimum reasonable needs following divorce.
Once that initial requirement is met, the requesting spouse must also meet one of the following, as explained by the Texas Family Code Section 8.051 (1-2):
(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:
(A) within two years before the date on which a suit for dissolution of the marriage is filed; or
(B) while the suit is pending; or
(2) the spouse seeking maintenance:
(A) is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;
(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or
(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.
Section 8.055 of the Texas Family Code states that spousal maintenance can be ordered up to 20% of the paying spouse’s average monthly gross income, or $5,000.00, whichever is less.
You can find a detailed definition of what is and is not included in “gross income” for the purposes of spousal maintenance in the same chapter. Note that spousal maintenance terminates upon the death or remarriage of the receiving spouse.
The “Child Support” Under The Texas Family Code
When you get divorced, make sure you go through the Texas family code, which explains child support in great detail with examples of what could happen during your case.
You can find all the details related to child support, including the number of payments, in Chapter 154 of the Family Code. Here is an overview of what Section 154.001 says regarding the support of a 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.
Texas has a statutory formula that calculates the amount. It considers these factors:
- The net monthly income of the obligor parent
- The number of children who need support
- The number of other children that the obligor parent pays child support for
- The total amount of health insurance that the obligor parent pays for
If you are concerned about spousal or child support payments, then you should talk to a family law attorney. They can help you understand the basics of this type of court order and what it means for your future. An attorney can also explain what steps to take if your situation changes throughout the divorce process.
Hire An Experienced Texas Family Attorney
The amount of spousal or child support a parent will have to pay can vary greatly. The ex-spouse might need to pay for the basic necessities like food and housing. The parent might also have to pay for developmental costs like extra education or private tutoring.
Your lawyer will be able to represent you in court and give your case their full attention. This is crucial because courts treat these cases seriously and want everything to go as smoothly as possible for the involved parties.
Having legal representation by your side is important to ensure that the correct results are achieved throughout this complicated process. Talk to attorney Tyler Monahan and schedule a free, no-obligation consultation to discuss the details.
In addition, check our website for more information about our services. Go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions on our Youtube channel, like “How is Child Support Determined in Texas”.
FAQs Regarding Divorce
Post-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.
- During A Custody Hearing, Are The Laws Different For Mothers And Fathers?
- Am I Going To Receive Any Spousal Maintenance?
- What Is The Difference Between Sole And Shared Custody?
- Does A Spouse Have A Right To Property That The Other Spouse Inherited Before The Divorce?
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 to obtain 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.
