Your divorce is almost over, and it is time for the judge overseeing the proceedings to rule on the child support payments you will owe each month and the spousal support they have determined is rightfully owed to your soon-to-be former spouse. Suddenly, a look of confusion flashes across your face. “Are child support and spousal support not the same thing?”
Please do not feel ashamed to ask this question. It is common for first-time divorcees to be confused about their pending obligations — especially when it comes to child support and spousal support. In many instances, people genuinely believe they are the same thing.
The reality is that child support and spousal support are completely separate obligations. Let us discuss them in today’s blog post.
What Is Child Support?
Child support is court-ordered payments made by a former spouse to the other to help care for and support their children. These monthly payments can be agreed upon by the spouses or court-ordered. Either way, they are designed to cover the child’s basic needs, which include everything from food and shelter to school fees, clothes, transportation, certain educational costs, etc. The bottom line is that both parents have a duty to support their child — and divorce does not change that. This duty begins at the birth of the child and requires the parents to provide more than the bare necessities.
Child Support in Texas is calculated according to the Texas Child Support Guidelines and is generally calculated as follows:
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1 child – 20% of the monthly net resources
• 2 children – 25% of the monthly net resources
• 3 children – 30% of the monthly net resources
• 4 children – 35% of the monthly net resources
• 5 children – 40% of the monthly net resources
Do you want to know how long you must pay child support and what could happen if you stop making payments? Click here.
What Is Spousal Support?
Sometimes referred to as spousal maintenance or alimony, spousal support is periodic payments that one party in a divorce case pays the other spouse. These payments can be temporary, such as financial assistance only during the divorce proceeding, or permanent, which can continue years after the divorce is finalized. Spousal support is not guaranteed in every divorce case. It is typically only awarded to a financially dependent spouse who has been married 10 or more years, has been a victim of family violence, has become disabled, or has to care for a disabled child from the marriage.
In determining whether a spouse is entitled to an award of temporary or permanent spousal support, the court considers the following:
- Length of the marriage
- Financial needs of the spouse
- The ability of the spouse to pay support
- Education and current occupation of both parties
- Presence of domestic violence
Call Nelson Law Group Today!!
If divorce is the answer, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of family law experience to every case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
