Southlake Spousal Support Attorney

How is spousal support Determined in Texas?

When determining whether to award spousal support and the amount of spousal support to be awarded, the court will consider several factors, including:

• The financial resources of the spouse seeking maintenance, including the community property and any separate property he or she has
• The education and employment skills of the spouse seeking maintenance and the time, expenses, and effort required for the spouse to acquire sufficient education or training to enable the spouse to earn sufficient income
• The duration of the marriage
• The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
• The effect on each spouse's ability to provide for that spouse's minimum reasonable needs while also providing periodic child support payments if the spouse is the custodian of a child of the marriage
• Any acts of domestic violence by the spouse seeking maintenance against the other spouse or a child of one of the spouses

Additionally, the court may consider whether the spouse seeking maintenance has made diligent efforts to obtain sufficient employment and whether the court has given the spouse the opportunity to develop the necessary skills through education, training, or other means.

Determining the Duration of spousal support

The duration of spousal support payments is determined by Texas law. The duration is calculated based on the length of the marriage at the time the divorce is filed.

• If the marriage lasted less than 10 years, the maximum duration of spousal support is 5 years
• If the marriage lasted between 10 and 20 years, the maximum duration of spousal support is 5 years
• If the marriage lasted between 20 and 30 years, the maximum duration of spousal support is 7 years
• If the marriage lasted 30 years or more, the maximum duration of spousal support is 10 years
• If the spouse receiving spousal support is disabled or caring for a child with a disability, the court may order the spousal support to continue indefinitely.

It is important to note that these time limits are the maximum duration of spousal support and the court may order spousal support for a shorter period of time.

Can I Modify My spousal support Payments?

Yes, you may be able to modify your spousal support payments if there has been a material and substantial change in your circumstances, such as the loss of a job or a significant drop in your income. You may also be able to modify your spousal support payments if your spouse has experienced a material and substantial change in their circumstances.

It is important to note that you cannot modify your spousal support payments if your divorce order specifies that the spousal support is not modifiable. Additionally, you cannot modify your spousal support payments if you and your spouse agreed that the spousal support is not modifiable and your agreement is included in your divorce decree.

If you are unable to pay your spousal support, you should not simply stop making payments. Doing so can result in serious penalties, including fines and jail time. Instead, you should file a motion to modify your spousal support payments with the court.

spousal support vs. Child Support

Spousal support and child support are two different types of payments, but both are typically awarded in a divorce case. The main difference between spousal support and child support is that spousal support is paid directly to a spouse and child support is paid to the parent with primary custody of the children.

Child support payments are intended to help cover the costs of raising a child, including housing, food, clothing, and medical expenses. Spousal support payments are intended to help a spouse maintain a standard of living similar to what they enjoyed during the marriage.

Why Choose the Law Office of Dana L. White, PLLC?

At the Law Office of Dana L. White, PLLC, we understand that divorce is a deeply personal and emotional experience. Our Southlake spousal support attorney is here to provide the compassionate and personalized legal guidance you need during this difficult time.

Our firm can help you understand the various factors that may affect your eligibility for spousal support and the amount of spousal support you may be awarded. We can also help you understand the modification of spousal support payments and the enforcement of spousal maintenance orders.

Call us today at (817) 697-0180 or contact us online to schedule a consultation with our Southlake spousal support lawyer.