The post Understanding How Spousal Support Is Calculated in Texas appeared first on Branch Family Law.
]]>Spousal support is designed to protect a spouse who earns less or is a stay-at-home parent from being harmed financially by divorce. It helps them meet their basic needs as they develop the job skills needed to support themselves and contribute to the support of their children.
At one time, spousal support applicants were exclusively women. Now, with careers being the norm for both spouses and more men becoming stay-at-home parents, support is available to those who qualify regardless of gender.
In Texas, there are two types of spousal maintenance: temporary, which is an interim form of support while the divorce is pending, and ongoing, which is paid for a set period of time after the divorce is final.
Establishing Spousal Maintenance After Divorce
Spousal maintenance is not an automatic right in Texas. In September 2011 the eligibility rules changed, and any spouse seeking maintenance must prove that after all community assets and liabilities are divided, they will not have enough property to meet their minimum reasonable needs. Then they must prove at least one of the following:
Calculating Spousal Maintenance
In Texas, there is a statutory cap on court-ordered spousal maintenance, which is the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. When determining how much to award and for what duration, the court will consider the following factors:
Texas law also mandates the maximum duration of spousal support. It starts at five years if the couple was married between 10 and 20 years, followed by seven years for marriages between 20 and 30 years, and finally 10 years for marriages that lasted 30 years or more. In addition:
If you are facing divorce and concerned about how you will manage financially, an experienced Texas family law attorney can advise you on your eligibility for temporary and ongoing spousal maintenance. At Branch Family Law we will advise you on how Texas law will likely be applied to your situation. For more information please contact us online or call 210-229-1039.
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]]>The post 4 Reasons a DIY Divorce Is a Bad Idea appeared first on Branch Family Law.
]]>You may have heard the old saying, “Just because you can doesn’t mean you should.” It’s a good thing to bear in mind when thinking about DIY divorce. We live in an era of information sharing. There’s a tutorial for practically everything on YouTube, from renovating your basement to learning a language, and information that was once limited to licensed professionals who knew how to act on it is now available to the public. That includes the divorce process in Texas.
Technically, DIY divorce is legal, but if the process was so simple, divorce attorneys would no longer be in business. Even if you and your spouse are facing an amicable and uncontested divorce, there are many aspects that call for qualified and experienced legal guidance if you want the best outcome.
If you are thinking about going the DIY route with your divorce, here are 4 reasons why it is a bad idea.
Once you and your spouse agree on how community property will be divided and sign a settlement agreement, it cannot be revoked or modified. Unless you have a solid understanding of what constitutes separate vs. community property, it’s easy to find yourself with less of the marital estate that you are entitled to. On the surface, community and separate property should be easy to distinguish: community property consists of assets accumulated during the marriage while separate property consists of assets you owned while single or received as a separate gift or inheritance.
What you may not know is that there are cases where separate property becomes part of the community. For example, if your spouse receives a summer home as a gift from his parents and marital funds are used to renovate or otherwise increase its value, you are entitled to a share in the value of those improvements. An attorney can explain this to you and help you identify property that qualifies.
In Texas, statutory guidelines dictate how much child support is payable. With one child, the noncustodial parent pays 20% of their net income, while the amount due increases to 25% for two children, and so forth. While this formula may appear relatively straightforward, a divorce attorney can ensure that the amount of support requested is sufficient. If any of your children have needs that the guideline support amounts can’t meet (e.g. they have a disability and require medication and/or tutoring), your attorney can come up with a figure that covers these added costs.
Many divorcing spouses are surprised to learn that retirement accounts such as pensions, IRAs, or even 401(k)s can be divided in a Texas divorce, even if only one person paid into them and they are not payable for many years. Courts divide these accounts after considering their value, the percentage of that value that belongs to the community, and the percentage of this community property that each spouse is entitled to. An attorney will help you obtain your fair and just share of your spouse’s retirement benefits.
DIY divorce packages are advertised as a quick and affordable way to end your marriage, but they don’t help you make more complicated legal decisions. At worst, you will make a mistake that affects the validity of your divorce. At best, you’ll spend hours trying to decipher the forms you need to file and figure out how to correctly complete them. Working with a knowledgeable divorce attorney will spare you all this stress and hassle.
If you file the incorrect forms, accidentally omit necessary information, or have complicated issues with your divorce, the family court judge may require you to come to court and review your paperwork before proceeding. Furthermore, if you and your spouse cannot agree on a key matter (for example, you want spousal support and he doesn’t think you need it), those issues will have to be litigated, and no DIY package is set up for that.
Even simple divorces can be complicated for those who lack legal training. If the marital estate includes high-value assets or significant debt, how can it be fairly divided? You may want spousal support, but are you entitled to it, given the duration and circumstances of your marriage?
Working with a Texas divorce attorney will cost more than a DIY divorce, but it doesn’t have to be expensive, especially when you and your spouse don’t have children and haven’t built up a significant marital estate. To schedule an appointment with Crista Marichalar Branch, contact us online or call 210-229-1039.
The post 4 Reasons a DIY Divorce Is a Bad Idea appeared first on Branch Family Law.
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