Individuals in the midst of a divorce often want to know if they will be forced to pay spousal support or if spousal support will be awarded to them, depending on their status in the relationship. A spousal support in lawyer Katy, TX can answer this question as the court looks at numerous factors when determining when this support is to be granted. Following is a basic overview of the current law so both parties can know what to expect in most cases.
A person must be declared eligible to receive spousal support before it is be granted, and a court cannot override the determination of eligibility. The only exception to this is when both parties agree spousal maintenance should be paid. The court will then abide by the agreement. To be declared eligible otherwise, one party must be lacking in sufficient property once the divorce is granted to meet their reasonable needs. In addition, the spouse required to pay the support must have been found guilty of family violence either during the divorce or in the two years preceding the divorce. For those who don’t meet this requirement, the other way eligibility is determined is if the person to receive support has an incapacitating mental or physical disability, cares for a child with this type of disability or has been married to the paying spouse for a minimum of ten years.
When it is determined one spouse is eligible for support, the court then looks at how much they should be paid and for how long. They look at the spouse to be paid, their educational background, their age, any infidelity in the marriage, the length of the marriage, and more. Using this information, they determine how much the spouse may receive in maintenance. The paying spouse cannot be made to pay more than $5,000 a month or 20 percent of their gross income.
No spouse can be made to pay spousal support for more than ten years, unless the spouse to receive the maintenance is disabled or caring for a child who is disabled. The length of time is determined by the length of the marriage. To learn more about spousal maintenance, contact a spousal support in lawyer Katy, TX, such as The Vendt Law Firm. to learn more about this and other topics related to divorce. Information is critical during this trying time.