San Antonio Spousal Support Lawyer

Divorce brings separating couples a significant amount of uncertainty and stress, especially when it comes to navigating finances. Spousal support, in Texas called spousal maintenance, is often awarded to one spouse during a separation or divorce. This occurs when someone lacks sufficient property and financial means to meet their minimum needs and standard of living following a divorce.

If you have found yourself in this situation, a family lawyer could help you understand if you qualify, discuss how it may influence your financial future, and advocate for your rights. If you are facing divorce in Texas, reach out to a San Antonio spousal support lawyer for guidance on your next steps.

Who Is Eligible for Spousal Support?

Spousal support is not awarded in every divorce case. For a spouse to be eligible for support, one of the following must apply:

• The receiving ex-spouse has a disability or cares for a child who has a disability
• The supporting ex-spouse was convicted of family violence within the last two years
• The marriage lasted at least 10 years, and the receiving person is not able to support themselves in the same way as when they were married

For instance, a stay-at-home parent who was married for 15 years may qualify for spousal support due to their limited work history from caring for the children. A judge will survey your case individually for these criteria before making a decision. A knowledgeable San Antonio attorney could help you determine and provide evidence to support your eligibility for spousal maintenance before you even stand before a judge.

How Texas Courts Decide on Spousal Support

Texas courts consider several additional key factors beyond the initial eligibility requirements when determining how much someone receives in spousal maintenance. These factors include:

• The duration of the marriage
• The nature of misconduct, like abuse
• Each person’s education and earning capacity
• Efforts made by each partner to find employment
• The contributions to the household, such as raising the children or supporting a partner through school

Texas puts a cap on how much somebody may be required to pay to an ex-spouse. The maximum amount of support is 20% of the paying spouse’s monthly income or $5,000 per month, whichever amount is less. The circumstances surrounding the divorce may also play a role in the judge’s determination—all the more reason to have counsel from a local San Antonio spousal support attorney.

Modifying or Enforcing Spousal Support

Spousal support orders may be modified after certain life events. For instance, if one party loses their job or experiences significant health changes, they may no longer be required to fulfill payments. If the receiving party gets remarried, they may no longer be eligible to receive spousal support. A court may address these matters in a modification hearing and make changes as necessary.

If an ex-spouse is not paying support as required by the courts, an enforcement hearing may be required to resolve the issue. If the ex-spouse continues to avoid payments, a judge could decide to garnish their wages or hold them in contempt of court. Reach out to a spousal maintenance lawyer in San Antonio if you are struggling with any of these situations.

Get Help From a San Antonio Spousal Maintenance Attorney Today

Legal support could be beneficial for anybody going through a divorce that involves spousal maintenance. Lawyers may provide case evaluations and offer representation during negotiation, mediation, and court proceedings. Additionally, having a lawyer helps protect you from any unfair outcomes in your proceedings.

Kimbrough Legal, PLLC, is client-focused and innovative, making us a bold advocate who stands up for your needs. If you are looking for a compassionate but tenacious lawyer, give us a call today. A consultation with a San Antonio spousal support lawyer could change your financial future.