Spousal Support

How much is spousal support?

The amount of spousal support a Court may award is $5000 per month or 20% of the paying spouses average monthly gross income, whichever is less.

While the divorce is pending, however, the Court may order temporary spousal support paid between the parties to assure that each spouse is able to maintain a residence and pay their bills until the property is divided at the final trial or an agreement is reached between the parties.

When is spousal support awarded?

For divorces filed after September 1, 2011, the rules for maintenance or “spousal support” have been greatly expanded.  Texas does not allow court-ordered alimony, Spousal support may be awarded in cases where the parties have been married more than 10 years, or a spouse has been convicted of or received deferred adjudication for a crime of family violence, a spouse is disabled, or a spouse is custodian of a child of the marriage who is disabled. Spousal support is limited to the following time periods:

  • Five years for marriages lasting ten years
  • Seven years for a marriage lasting twenty years
  • Ten years for a marriage lasting thirty years

Practice Areas

From the wide-ranging issues of divorce to the delicate nature of child support and child custody, McFarland Law, P.C. focuses on a variety of issues and cases dealing directly and indirectly with matters of family law.

Divorce

A Texas divorce involves both the division of the parties’ property and, if children are involved, child custody and child support.

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Child Custody

Child custody may be initially rendered in a Divorce or a Suit to Establish the Parent Child-Relationship, which is a custody case between unmarried parties.

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Child Support

A child support order may be initially rendered in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties.

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Spousal Support

Spousal support may be awarded in cases where the parties have been married more than 10 years or a spouse has been convicted of or received deferred adjudication for a crime of family violence.

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Mediation

Mediation is a non-binding confidential settlement conference at which a neutral mediator is present to help you and your spouse reach a final settlement of your case.

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Grandparent Visitation

Grandparents have the right to file a lawsuit for visitation and managing conservatorship of a grandchild in certain circumstances OR if both parents consent to the grandparent filing a suit.

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Domestic Violence

The Texas Family Code has special provisions for relationships where domestic abuse has occurred or is alleged.

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Modifications

Parents have a right to have their prior custody and child support orders reviewed when there has been a change in circumstances.

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Paternity

Paternity of a child may be initially determined in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties.

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Interstate Issues

When a child custody case involves individuals in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines jurisdiction.

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Hague Convention

International child abduction and child custody is governed by the international treaty of the Hague Convention on International Child Abduction.

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Enforcement

If a parent has not complied with an order for possession and access to a child or an obligation to pay child support, and that parent does not have a valid defense, then the Court may fine or jail a non-compliant parent.

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