Each state has its own way of handling spousal support payments, or spousal maintenance. It can also depend on various factors.
So, what should a person know about spousal maintenance payments when living in Texas? By what law does the court determine how much a person will pay?
Calculating spousal maintenance
Texas State Law discusses maintenance payments in Texas. First, regarding the amount a court may make a person pay, they cannot go over 20 percent of an individual’s average gross monthly income, or $5000 per month. The court will choose whichever is the lower option.
For the purpose of calculating spousal maintenance payments, the court goes into detail about what falls into the category of “gross income”. What goes into a person’s gross income may differ from person to person based on their life and finances. The court also takes into consideration things like whether or not a person owns a business.
Note also that this is the maximum amount of spousal support allowed. It is not a required amount. Additionally, ex-spouses are free to negotiate their own spousal maintenance payment amount out of court with one another and can agree on amounts that differ from these calculations.
Who gets spousal maintenance?
How does the court decide who is eligible for these payments? In order to receive spousal maintenance payments, the spouse requesting payments must show that they cannot meet his or her minimum reasonable needs with the amount of property they currently have. This includes their own separate property, as well as any community property they may receive due to the divorce.