Determining Spousal Support Payments in Austin

If you are going through a divorce in Texas, you may be entitled to spousal support—also known as alimony. These payments continue after the marriage is over and are designed to help the party with fewer assets secure their independence now that they are on their own.

Anyone can request alimony during this process, but the courts have strict guidelines on who qualifies. If you are seeking help in determining spousal support payments in Austin, you could benefit from relying on a dedicated alimony attorney at Kimbrough Legal.

Factors Considered in Spousal Maintenance Hearings

Only certain individuals are eligible for an alimony award during their divorce proceedings. In order to qualify, the person seeking support must establish two important elements. Failure to do so will lead to their request being denied.

First, the dependent spouse must show they will not receive enough property in the divorce for their minimum reasonable needs. What qualifies as reasonable can vary significantly from one couple to another, and identifying this amount is a critical part of deciding spousal support amounts in Austin.

After meeting that criteria, the dependent spouse will next need to prove that one of four specific circumstances exists:

• Physical or mental disabilities prevent them from making a living
• The other spouse was convicted of family violence in the two years prior to the divorce
• They have been married for a minimum of 10 years and lack the ability to earn a reasonable living
• The child has a disability, and providing care makes it impossible to work enough to meet their minimum needs.

There is a presumption that long-term support is unnecessary. This can be rebutted by showing that the person seeking alimony has diligently tried to support themselves or developed the skills to do so, but still needs support.

Cases Involving Disabled Children

A parent could qualify for spousal support even when they do not have sole custody of their children. If the child needs constant care, making it impossible for that party to work when they are with the child, alimony could be appropriate. An attorney in Austin could help navigate special circumstances when determining spousal support payments.

Judges Decide the Amount of Support

Judges have some freedom when it comes to determining if alimony is appropriate or not. The same is true when it comes to the amount of needed support. They consider factors like the length of the marriage and both spouses’ ability to independently earn a living. They will also consider contributions as a homemaker as well as the assets each party brought into the marriage.

The courts also consider issues of misconduct. This might involve infidelity while the couple were married or acts of cruelty. Also important is the amount of time the dependent spouse will need to be able to support themselves financially.

Talk to an Attorney in Austin About Determining Spousal Support Payments

You have the right to seek legal counsel when determining spousal support payments in Austin. The support of an attorney could go a long way towards getting the outcome you deserve. Before you attempt to handle your case alone, reach out to our firm and schedule a private consultation today.