Spousal maintenance is the term used for financial spousal support in Pearland. This type of financial support is ordered by the court and involves one former spouse making direct payments to the other. Spousal support is never a certainty in a divorce, but it could be possible with the help of a dedicated family law attorney. If you are pursuing spousal maintenance during the dissolution of your marriage, guidance from experienced legal counsel could improve your odds. Reach out to a Pearland spousal support lawyer to learn more.
Not every parent that goes through a divorce will be entitled to spousal support. Under state law, these awards are only given when a parent can establish they would be unable to meet their own basic needs based on their financial position. This decision must take into account any marital property the spouse receives as part of the divorce decree. A Pearland attorney could advise a parent on if they qualify for spousal support or not.
In addition to proving that they lack the financial means to support themselves, a parent must also establish at least one other element to qualify for alimony. For instance, individuals who have been married at least ten years or who have incapacitating disabilities typically qualify for spousal maintenance. There is also a provision that provides alimony for victims of recent domestic violence.
Finally, spousal support could be available to parents if they can show that a child born from their marriage is disabled. In this situation, the parent must show that the responsibility of caring for the disabled child prevents them from obtaining the necessary employment to earn a living. If the parent of a disabled child is prevented from earning an income sufficient to provide for their reasonable needs, they could be entitled to spousal support.
There is no simple mathematical formula used to calculate alimony. Instead, the court uses a variety of factors to determine the amount of support a parent requires. There is also a set limit on the amount of support a spouse could recover each month. According to state law, spousal support is limited to no more than the lesser of $5,000 per month or 20% of the paying party’s average gross income earned each month.
Spousal support is entirely separate from child support obligations. That said, many parents that owe one form of support are also responsible for the other. A Pearland attorney could assist in the pursuit of both child and spousal support.
There are certain similarities between these two forms of support. For example, both types involve direct monetary payments from one parent to another. The difference is that child support is intended to be used for the needs of the minor child. Unlike child support, alimony is intended purely for the former spouse.
Many spouses put off the dissolution of an unhappy marriage based on concerns about their financial future. This is particularly true for the parents of children with disabilities. Spousal support could provide for these parents’ monetary needs in the aftermath of a divorce. If you are considering divorce, let a Pearland spousal support lawyer serve as an advocate for you and your child. Call today to get started on your case.