Gunnstaks Law Office
972-590-6572
800-806-0186
Handling High-Value,High-Conflict Family Law Cases

Contact Our Firm Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

What is the law and criteria for spousal support in Texas?

A common dispute in a Texas divorce has to do with spousal support, how it is determined and what must be done to change it. It is one of the most frequently arising divorce legal issues. Those who are concerned about it and are seeking to understand and perhaps change it before, during or after a divorce is completed need to first understand exactly what the state law says about these issues.

When a couple divorces, the court that holds jurisdiction over both spouses or a court that did not have jurisdiction over an absent spouse can order that maintenance be paid. This is contingent on the spouse who is supported lacking sufficient property to provide for the person's minimum needs after the divorce is completed. There are other criteria that must be met. The spouse who is paying spousal support might have been convicted or had a deferred judgment of criminal offenses including family violence while the couple was married against the former spouse or the spouse's child. This must have occurred within two years prior to the date that the divorce was initiated or while the case was pending.

The spouse who seeks maintenance must not be unable to earn enough income on the person's own to meet the minimum reasonable needs because of a mental disability or physical incapacitation. They must have been married for a minimum of 10 years and not have the ability to earn enough income to meet their needs. Or the person must have custody of a child from the marriage. The child can be of any age that needs substantial care and supervision of the parent due to a mental or physical disability preventing the parent from earning enough income to provide for the child.

Both the supporting and supported spouse might have their own beliefs as to why the amount paid should be more or less. There are even instances in which a supporting spouse believes the payments should cease entirely. When there is a divorce, it is imperative that the spouses understand how spousal support works and what to do if they receive an unfavorable decision after the dissolution. A legal professional can provide guidance and assistance.

No Comments

Leave a comment
Comment Information
  • Press Release
  • Board Certified | Texas Board of Legal Specialization
  • Avvo Rating 10.0 Superb
  • LCA | Litigation Counsel of America | FELLOW Gunnstaks Law Office, Attorneys & Lawyers, Plano, TX 10 Best 2015 Client Satisfaction | American Institute of Family Law Attorneys

Office Location

Gunnstaks Law Office
5601 Granite Parkway, Suite 350
Plano, TX 75024

Phone: 972-590-6572
Phone: 972-392-2300
Fax: 214-619-0636
Plano Law Office Map

Call For Appointment Map