Navigating the complexities of divorce can be overwhelming, especially when it comes to determining child support and spousal support obligations. If you find yourself wondering whether you have to pay both spousal support and child support simultaneously in Texas, you've come to the right place.
This blog post will provide you with valuable insights and practical tips to help you understand the basic legal obligations surrounding spousal and child support in Texas. If you have questions about your specific case, contact a knowledgeable Killeen divorce lawyer.
Child Support in Texas
Child support is a legal obligation that aims to provide financial assistance to the custodial parent for the benefit of the child or children involved in a divorce or separation.
Spousal Support (Alimony) in Texas
Spousal support, also known as alimony, refers to the financial support paid by one spouse to the other after a divorce or separation. Unlike child support, spousal support is not automatically granted in Texas. It depends on various factors, including the length of the marriage, the financial resources and earning capacities of both parties, and the contributions made during the marriage.
Child Support and Spousal Support: Can They Overlap?
In Texas, child support and spousal support are separate and distinct obligations. While it is possible for an individual to be required to pay both child support and spousal support, the two payments do not overlap. Each payment serves a different purpose and is calculated based on different criteria.
The court's primary concern is the best interests of the child. Child support payments are intended to cover the child's basic needs, such as food, housing, education, and healthcare. On the other hand, spousal support aims to provide financial assistance to a lower-earning or economically disadvantaged spouse, helping them maintain their standard of living post-divorce.
It is important to note that child support takes precedence over spousal support in Texas. This requirement means that if a person has limited financial resources, they must fulfill their child support obligations first before allocating funds towards spousal support.
Modifying Child Support and Spousal Support
In certain circumstances, child support and spousal support orders can be modified. If there is a substantial change in circumstances, such as a significant increase or decrease in income, a change in custody arrangements, or remarriage, either party can request a modification of the support order.
When seeking a modification, it is essential to provide evidence to the court regarding the substantial change in circumstances and how it impacts the ability to pay. The court will review the evidence and make a determination based on the best interests of the child and the economic needs of the spouses involved.
Work Closely with a Skilled Killeen Child Custody Attorney
If you require personalized guidance or have specific questions regarding spousal support and child support in Texas, contact the Law Office of Brett H. Pritchard today. Our team of experienced family law attorneys is dedicated to helping you navigate the legal complexities and protect your rights. Give us a call at (254) 781-4222 to get in touch with our compassionate attorneys.