How Do Courts Determine Child and Spousal Support?
In Texas, every child has a right to be supported financially by their parents. After a divorce, the non-custodial parent may be ordered by a court to pay some portion of their income to the custodial parent. In general, local judges will rule in favor of what will be best for the child. You should seek legal representation as soon as possible in order to understand your options and get help seeking the most favorable support agreement. You are already going through a divorce with property division and other changes in your life, legal assistance from our family law attorneys in Arlington can help to reduce your stress.
How Is Court Ordered Spousal Support Enforced?
Seeking court-ordered spousal maintenance is not easy. It requires a thorough understanding of property division law, as well as a critical eye for the relative values of separate property. Under Texas law, a spouse must prove that after the division of assets they will not be left with enough property (community and separate) in order to meet their reasonable needs such as monthly expenses.
In addition, the spouse seeking support must show one or more of the following:
- The marriage lasted for 10 years or more, and the spouse made significant efforts to earn enough income or develop the skills to meet their needs.
- The other spouse committed acts of family violence.
- The spouse requesting support is hindered by an incapacitating disability.
- A child of the marriage (no matter the child's age) has a disability preventing the custodial spouse from earning minimal income for reasonable needs.