CHILD/SPOUSAL SUPPORT

After determining custody (called "conservatorship" in Texas), the court will order child support to be paid by one or both parties, depending on the circumstances.  Texas law contains a formula that is presumptively in the best interest of the child (this presumption is rebuttable on a showing of injustice or inappropriateness, or on agreement by both parents).  

Where the obligor's net monthly income does not exceed $7,500, the court can order up to 20% of their net income for one child, 25% for two children, and so on, up to a maximum of 40% of net income for six children (this assumes all children are of the same household).  The court will also include an order to provide for the child's medical expenses.  Further, under Texas law, if the obligor's actual income is significantly less than what they could earn because of intentional unemployment or underemployment, the court may consider their earning potential as the basis of net income for the purposes of calculating child support, rather than their actual income.

Child support can be modified by agreement, by either party being able to show that the circumstances of the child or one of the parents have materially and substantially changed since the previous child support order was signed, or if it has been 3 years since the order was rendered or modified and the amount awarded differs from the current guideline amount by 20% or $100.

Generally, child support is ordered through their 18th birthday (or their high school graduation, whichever occurs later), but can also be an indefinite support order if the child is disabled.  Termination of parental rights does not prevent a court from ordering support from a person who is financially able to pay.

Child support orders can be enforced by a contempt order for failure to comply; punishment for contempt of court can include fines and jail.  Consequences of failing to pay child support can also include liens on the obligor's personal and real property, garnishment of their wages, and adverse credit report affects.

Alimony (called "maintenance" in Texas) can be awarded to one of the spouses as part of a divorce decree.  Maintenance can only be awarded if the spouse's separate property is insufficient to support their "minimum reasonable needs" upon dissolution of the marriage, and either 1) the obligor-spouse had been convicted of family violence within the last 2 years, or 2) the spouse seeking maintenance has a mental or physical disability, has been married for more than 10 years and cannot earn sufficient income, or is the custodian of a child of the marriage that requires substantial care and supervision because of a physical or mental disability.

Factors in determining the amount and duration of maintenance include each spouse's ability to provide for their own "minimum reasonable needs," the education and employment of each spouse, the duration of the marriage, each spouse's contribution to the marriage (including the contribution of a spouse as a homemaker), and marital misconduct.

The maximum maintenance that a court can order is $5,000 or 20% of the obligor's monthly gross income, whichever is less.  The maximum duration a court may order maintenance for is 5 years if the marriage lasted between 10 and 20 years; 7 years if the marriage lasted between 20 and 30 years; and 10 years if the marriage lasted over 30 years.

The court can modify its order on a showing by a party of a material and substantial change in circumstances.  Maintenance terminates on the death or remarriage (including cohabitation) of the supported spouse.  

Maintenance can be enforced by a contempt order for failure to comply; punishment for contempt of court can include fines and jail.  Consequences of failing to pay child support can also include liens on the obligor's personal and real property, garnishment of their wages, and adverse credit report affects.

Principal office located in Euless, Texas

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