When it comes to the often confusing financial issues that arise both during and after a divorce, it is only natural to want to know ahead of time who is entitled to certain payments and what that money represents. For example, Texas allows for child support and spousal maintenance — but many individuals and families don’t quite understand the difference and who is entitled to receive that support.
The key difference between child support and spousal maintenance is the purpose of each payment. Below is a basic overview to help you understand what goes into that — regardless of whether you are paying or receiving it.
As always, please consult an attorney about your unique situation.
What Is Child Support?
As we wrote in a previous post, child support typically involves regular payments made by one parent to the other parent for the child’s benefit. Typically these payments are made to the parent who designates the child’s primary residence. These payments are court-ordered and designed to provide for the basic essentials for the minor child, such as clothing, food, shelter, education, etc.
Physical custody generally determines who pays child support, and payments are calculated based on a percentage of the paying parent’s income. To determine this, the Court calculates the monthly net income of the paying parent and multiplies it by a percentage based on how many children need support.
Several factors can impact the calculation, such as income level, children of a prior relationship, or the special needs of the children.
However, if your net monthly income is $9,200 or less, the typical breakdown is as follows, after deductions:
- 1 child – 20% of the monthly net income
- 2 children – 25% of the monthly net income
- 3 children – 30% of the monthly net income
- 4 children – 35% of the monthly net income
- 5 children – 40% of the monthly net income
What Is Spousal Maintenance?
While child support payments are designed to cover a child’s basic needs, spousal maintenance is regular payments made from one spouse to another to help the recipient meet his or her minimum reasonable needs.
It’s important to understand that spousal maintenance is not guaranteed. A person must request and qualify for it, and the Court will look at various factors before making a final decision.
This looks at the following information when determining spousal maintenance:
- The existing financial needs of the spouse
- The length of the marriage
- The ability of the paying spouse to afford to pay spousal support
- Education and current occupation of both parties
Unlike child support, spousal maintenance doesn’t have a clear-cut calculation. The maximum amount of spousal maintenance that a court may order is the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
Please call Christman Attorneys for your legal needs today!
The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman Ramsey & Foster, PC believe in tailoring legal advice and solutions to your own personal circumstances.
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