Legal Question in Family Law in Texas

In Texas:

9 yrs of marraige. Husband makes 275k/ year pretax etc. we have 3 kids and separated. 1 child is in private school. Have been a stay at home mom for 8 yrs, worked last year, quit this year. Trying to care for kids and all the changes. He is providing. Financially worried about future. Debting going back to work and making $15/hr or staying home.

If came to filing, am I better off negotiating child support with him and getting him to contribute 5k a month or using the legal system to fight the cap and get me 5k or more?


Asked on 10/26/10, 7:28 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If it comes to filing you will probably get the amount the child support guidelines allow unless he has done something really bad. If you are married for more than ten years you will be able to seek spousal maintenance (alimony) which will last 3 years (unless you are disabled in which case it will last longer). The maximum award for alimony is unlikely to exceed $2500 per month. The idea of spousal maintenance is to get you back on your feet so you can work. The fact that you got a job and quit can be used to suggest that you don't need spousal maintenance. However, spousal maintenance, unlike child support, is tax deductible.

My review of the guidelines indicates that a noncustodial spouse would be required to pay up to $2250 per month in monthly child support for 3 children. In addition the noncustodial spouse would be required to pay health insurance for the children.

Divorces are almost always about negotiation. You should retain an attorney to review the facts of your situation. With this level of income, there may be a substantial level of community property as well, such as retirement accounts, real estate, etc. In any event you should consider waiting until you can seek alimony.

Read more
Answered on 10/31/10, 8:36 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas