Divorce involves emotionally charged issues, and you don’t want to add financial issues to an already difficult situation. However, money disputes can occur when a party is either denied spousal support or is ordered to provide support to the other spouse.
The Austin, Texas spousal support lawyers at Minton, Burton, Bassett & Collins, P.C., have experience representing both those who seek spousal support (also called alimony or maintenance) and those challenge it. We know how to calculate the proper amount of the payments and whether they should be made on a temporary, permanent, periodic or lump-sum basis.
Texas Spousal Support
Even though there is no legal separation in Texas, a party can still obtain temporary spousal support while a divorce is pending. This allowance is intended to meet the receiving spouse’s “minimum reasonable needs” and lasts until the divorce is final.
To be eligible for permanent support, one of four conditions must exist:
- The other spouse committed an act of domestic violence during the two years preceding the filing of the divorce petition;
- The parties have been married for at least 10 years, and the requesting spouse cannot support himself or herself because of a physical or mental disability;
- The parties have been married for at least 10 years, and the requesting spouse cannot work and must remain at home to provide substantial care and personal supervision to a child; or
- The parties have been married for at least 10 years, and the requesting spouse lacks earning ability in the labor market that is sufficient to be self-supporting.
The Family Law District Court will examine several factors in calculating the amount of support, including:
- Duration of the marriage;
- Resources and liabilities of each party; and
- Relative responsibilities of each party concerning their children.
In no instance can the court order support payments to continue past three years. Also, the amount cannot exceed either $2,500 per month or 20 percent of the paying spouse’s monthly income.
If there is a substantial change in circumstances, then any spousal support award may be modified, and if the receiving spouse dies or remarries, the payments must end.
Contact Us Today
If you believe you have a spousal support issue, contact the Austin family lawyers at Minton, Burton, Bassett & Collins, P.C., by calling us today at (512) 476-4873 or reaching us through email or our convenient online form. We represent family law clients throughout the state of Texas, including: Travis County (Creedmoor, Elroy, Manor, Pflugerville); Williamson County (Cedar Park, Georgetown, Liberty Hill, Florence, Leander, Round Rock, Taylor); Hays County (Buda, Dripping Springs, Kyle, San Marcos, Wimberley); Bastrop County (Bastrop, Clearview, Elgin, Rockne, Smithville); Caldwell County (Lockhart, Luling); Burnet County (Bertram, Burnet, Marble Falls); and Comal County (Bulverde, Canyon Lake, Gruene, New Braunfels, Sattler, Startzville). We will protect your rights and interests.