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Seeking Financial Help After Divorce
- Are you seeking a seasoned, well-established attorney to handle your divorce?
- Do you live in San Antonio, TX, or one of the surrounding areas?
- When can a spouse be provided alimony, and for how long?
Our firm’s expertise has been in Divorce and Family Law since 1995 in San Antonio. We are seasoned and highly experienced attorneys who fight for the rights of our clients who are divorcing.
Divorce is naturally a stressful time for any spouse to go through, and tensions run high. There are many issues that each spouse must consider. It is great if both parties agree on everything, including the welfare of the children. However, these are rare circumstances.
Photo by Jordan Whitt on Unsplash
Conservatorship and Support Payments for Children
Our goal is to provide you with a fair and just settlement that includes child support and alimony. Our lawyer handles your issues of child custody, support, and visitation rights. The welfare and rights of the children are your and our number one priority.
We work hard for the best possible outcome for your minor children and the best decisions for them. We consider their desire to be with one or the other parent if they are old enough to make a sound and informed decision.
Each state in America may have different rules and regulations about children caught up in a divorce. We will explain what the state of Texas has to say about children in a divorce, including a few of the legal jargon you need to understand in custody hearings, child support, and spousal maintenance.
You are a conservator if you have guardianship of the children and access, meaning the time you spend with the children. We aim to protect your conservatorship and access or the time you are allowed to be with the children.
The courts determine the conservatorship, where the primary childcare responsibilities lie, or sole managing conservatorship, child support, and alimony are determined. Once the court determines the children’s conservatorship to you or decides joint custody of the children, both spouses share the rights and responsibilities of the children. If there is no joint custody, only one person is determined as the custodial parent by the court until the child reaches the age of 18 years.
The non-custodial parent pays child support until the child reaches 18 years of age, unless the child is disabled, then support payments continue after 18. The court must decide on several factors in regards to conservatorship. Our lawyer stands with you in court to describe your unique situation, raise any issues, and make a strong case for the best conservatorship for the child.
What Texas Law Says About Alimony
As a Texas resident for at least 90 days, you can file for spousal support after your divorce. These payments, known as spousal maintenance, have eligibility requirements before the court award alimony payments. Each couple must agree to this support. There are also specific requirements when you demand that the other pay alimony. Our seasoned attorneys can explain all of these requirements to you.
The court weighs basic living needs, individual financial status, and income level. The court reviews your income level and cost of living expenses in this equation. Every divorce case works off the assumption that the suggested spousal maintenance amount is not enough.
In the state of Texas, either spouse can request maintenance, also referred to as alimony. The court reviews several factors to determine the amount of alimony paid to either individual, called support, and the length of time that person pays maintenance or alimony to the other.
Alimony payments come in two different forms.
- Negotiated payments
- Court-ordered payments
Settling on an alimony payment outside of the courtroom is always better than having the court appoint an amount of compensation that one spouse must pay to the other. Unfortunately, some couples cannot come to a fair and equitable agreement on alimony, nor are many happy with the court’s payment decision.
If one spouse does not have sufficient property, does not earn enough income to be self-supporting at the time of the divorce, or cannot meet their basic financial needs, the other spouse must pay alimony. The court orders alimony to be paid until the spouse can become self-supporting for the shortest duration possible.
Texas law says that alimony cannot be more than $5,000 per month or be more than 20 percent of the paying spouse’s average monthly gross income.
The court appoints the lesser of these options. We work hard to help the court determine which is best for you. We negotiate an agreement that aims to protect your best interests and rights to a fair outcome. We will explain to you how your alimony arrangement is structured. We have many years of experience in divorce and a long record of fair and equitable wins.
A Call to Action for Fair Child Support and Alimony Payments
This experienced divorce lawyer in San Antonio has been in a successful business since 1995. For over 20 years, our Family Law firm earned the trust of the San Antonio residents and those living in surrounding communities. We know what Texas laws say in divorce cases and are very familiar with Texas’s child support and alimony laws.
We would like to hear your story and are ready to represent you and your children’s best interest in your divorce proceedings, child support, and alimony.
Click the links below for any posts you have missed:
What Should I Do Before Filing for Divorce?
What Parts of an Estate Are Subject to Probate?
How to Throw a Gorgeous Wedding at Home
4 Tips To Make A Bedroom Fit For Your Needs
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Toodles,
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