Financial support is often one of the most important issues to address during a divorce. When children are involved, a divorce may include child support, and in some cases, one spouse may also seek financial support from the other.
Although both involve payments from one person to another, child support and spousal support serve very different purposes under Texas law. Understanding those differences can help you know what to expect during your divorce.
Child Support Is Intended to Support the Child
Child support is money paid by a parent to help cover the costs of raising a child. This may include expenses such as housing, food, clothing, school supplies, daycare, and other everyday needs.
A Texas court may order child support as part of a divorce, custody case, paternity case, modification, or certain other family law proceedings. Texas law generally calculates child support using guidelines based on the paying parent's net resources and other circumstances.
The purpose of child support is ultimately to help provide for the child's needs—not to financially support the other parent.
Spousal Support Is Intended to Support a Spouse
Spousal support addresses the financial needs of a spouse or former spouse rather than those of a child.
Texas law makes an important distinction between spousal support and spousal maintenance. Spousal support generally refers to voluntary support agreed upon by divorcing spouses, while spousal maintenance is support ordered by a court when the legal requirements are satisfied.
Unlike child support, court-ordered spousal maintenance is not automatically available in every Texas divorce. Eligibility depends on the circumstances of the marriage and the spouse requesting support.
Child Support and Spousal Maintenance Are Calculated Differently
Texas uses statutory guidelines when determining child support. The amount generally depends on the paying parent's net resources, the number of children being supported, and other factors the court may consider. A judge can depart from the guidelines when appropriate under Texas law.
Spousal maintenance works differently. There is no single formula that determines how much a spouse will receive. The court considers factors such as the spouses' financial resources, marriage length, age, health, employment skills, and ability to meet minimum reasonable needs.
Texas also limits court-ordered maintenance to no more than the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income.
The Length of Support Can Be Different
Child support in Texas generally continues until the later of the child's 18th birthday or high school graduation, although different rules may apply in certain situations, including cases involving a child with a disability.
Spousal maintenance is typically more limited in duration. Depending on the circumstances and length of the marriage, statutory maintenance may generally be limited to five, seven, or ten years. Texas courts are also generally required to limit maintenance to the shortest reasonable period that allows the receiving spouse to earn sufficient income to meet minimum reasonable needs, subject to certain exceptions.
This means the two types of support may begin and end at very different times.
You May Have Both Child and Spousal Support Issues
Child support and spousal maintenance are separate legal obligations, so a divorce may involve one, both, or neither depending on the circumstances.
For example, a parent may be required to pay child support while also being ordered to pay spousal maintenance if the legal requirements for maintenance are met. Each obligation is evaluated separately and serves a different purpose.
Because support decisions can significantly affect your finances after divorce, it is important to understand how each obligation may apply before agreeing to a settlement or asking the court to decide the issue.
Jamie Jordan Law represents individuals and families throughout Fort Bend County and Brazoria County in divorce, child support, spousal support, property division, child custody, and other Texas family law matters.
Contact Jamie Jordan Law to schedule a confidential consultation and discuss your rights and financial options during a Texas divorce.