Dallas Alimony Attorney
Also known as post-divorce maintenance, spousal support or spousal maintenance — In Texas, post divorce spousal maintenance is relatively new and often difficult to obtain. The Texas Family Code generally requires that the marriage be at least 10 years in length, that the spouse seeking the alimony be unemployable due to lack of basic job skills in the marketplace, or otherwise unable to work due to disability or the need to care for a disabled child, and a finding that there are inadequate marital assets that would provide for minimum financial needs of the spouse seeking support. Spousal maintenance is limited to a maximum of three years with some limited exceptions that can extend support, and is also limited in amount.
Parties are not precluded from entering into contractual alimony agreements even if they do not qualify by statute. In some cases there may be a benefit to both the paying party and receiving party to an alimony contract due to the tax implications associated with an alimony contract and the ability to have consistent cash flow for a period of time post divorce.
For example, your estate may include stock options that have speculative value or high risk/ high reward possibilities. If you are inclined to not want to share in that risk, or if you have a need for immediate cash flow, you may negotiate an alimony contract rather than seek a portion of the stock options that may or may not pay money in the future. We will help you evaluate your needs realistically to determine if an alimony contract should be part of your divorce settlement.
Part of the evaluation process concerning alimony agreements includes evaluation of tax issues. The attorneys at Loughmiller Higgins P.C. are not tax advisors or CPAs. We encourage our clients to seek the advice of their accountant as part of our evaluation process. We can also refer clients to accountants in the area if necessary to help with tax issues related to their divorce.
At Loughmiller Higgins, we have been handling complex divorces in the North Dallas area and throughout the DFW Metroplex for more than 60 years. Since the Texas law was changed to make post divorce spousal maintenance a real consideration in divorce, our attorneys have helped many clients, on both sides of this issue, resolve it successfully.
Contact the law offices of Loughmiller Higgins P.C. today.
Texas Child Support Guidelines
As with most states, Texas’ child support guidelines are based on a fairly rigid formula that takes into account a number of different factors in determining the financial obligations of the non-custodial parent. These will include the number of children in the family, whether the paying party is required to support other children from a prior marriage, whether there are special needs that require financial support beyond guidelines or support beyond graduation from high school.
Generally speaking, if we are talking about a single child — the non custodial parent will be ordered to pay 20 percent of the non-custodial parent’s net income for child support plus the cost of providing health insurance for that child and 50% of uncovered medical expenses. The child support guidelines under the Texas Family Code have a maximum presumed amount of support based on a percentage of income of $8,550.00 or less. So a person with one child who makes $8,550.00 or more net income per month will generally pay $1,710.00 per month in child support unless the Court finds other factors exist that warrant ordering support above the presumed guideline maximum.
Taking a New Direction
To learn more about alimony or child support, or, to find out how we can help take some of the stress and anxiety out of divorce — call our McKinney, Texas, law offices located in Craig Ranch at the crossroads of McKinney, Frisco, Allen and Plano, Texas directly or e-mail us with a brief description of your situation and concerns. Our attorneys accept all major credit cards and offer flexible appointment scheduling for your convenience.