Are spousal support and child support calculated for a total amount

Asked 7 months ago - Baytown, TX

We have been married for 21 years with one child still under 18. I have not worked outside the home in 14 years, and have been the primary caregiver for minor child with medical issues. Spouse has agreed to pay for everything until I can get my feet under myself, however, my earning potential will be only a fraction of what he provides. With a monthly income after taxes and insurance of $5200, what kind of child and spousal support would be close to likely? I need to start planning my future.

Attorney answers (3)

  1. Sherrie Haussner Travers

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . I am glad you are looking ahead and are trying to plan how you will move forward. You and your husband can agree to anything and you will need your own attorney to make sure that the agreement is enforceable.
    As for spousal support: If there is no previous agreement for contractual alimony, then the judge is governed by the guideline of the Texas Family Code. you may be eligible for maintenance under T.F.C. Chapter 8 which prescribes an amount no greater than the lesser of $5,000 or 20% of your husband's GROSS (not net after taxes and insurance).
    As for child support: If there is no previous agreement for a specific amount, then the judge is governed by the child support guidelines found at T.F.C. Chapter 154.
    I hope this response has been helpful.
    Good luck.

    Any communication through the AVVO site with Sherrie Travers or any individual member of the firm, Travers &... more
  2. Maria Sara Lowry

    Contributor Level 20

    2

    Lawyers agree

    Answered . Child support and spousal support are separate. Child support is based on a percentage of the noncustodial parents income. It is not based on your needs or lifestyle.

    Spousal support is a possibility but there are too many factors to go into here.

    You should talk to an attorney to get more information about what you can expect.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  3. Robert W. Leonard Jr.

    Contributor Level 9

    1

    Lawyer agrees

    Answered . First, I am sorry you are going through a divorce after such a long marriage. You are smart to begin thinking ahead.

    Child support is typically awarded based upon a formula using the income of the person paying the support. There are other possible factors a judge may consider, but typically the support calculation is based upon income.

    Spousal maintenance is something you and the other party can agree to, or a judge may order, with the amount and length of time depending upon the circumstances. There are criteria you must meet in order to be awarded spousal maintenance.

    If you have not already done so, you should consult an attorney. An attorney can help you view your options realistically and will be able to assist you in negotiating the best possible settlement.

    An attorney can also assist you in keeping the process civil and in keeping the ultimate costs down.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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