This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spousal Support For In Bexar
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State:
Multi-State
County:
Bexar
Control #:
US-00004BG-I
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FAQ
Spousal Support awards in Texas are not automatic. Texas is a community property state. The court will look to see is the financially vulnerable spouse will be able to meet their minimum reasonable needs after a just and right division of the community estate.
Alimony is usually around 40% of the paying party's income. This number is different in different states and different situations. The court also looks at how much the other party makes or could make and how much they need to maintain their standard of living.
The court-ordered monthly amount of spousal maintenance can be at most $5,000 or 20% of the paying spouse's average monthly gross income, and whichever is lower of those two. This cap is designed to prevent undue financial burden on the paying spouse while still providing necessary support to the recipient.
How is the Amount of Alimony Determined? Supporting Spouse's Ability to Pay. The Best Interest of Children. The Lenght of a Marriage. The Ability to Earn. Standard of Living the Spouses Maintained During the Marriage. Educational or Emotional Support.
The couple have been married for at least ten years, and the dependent spouse lacks the ability to earn enough income to meet basic needs. the dependent spouse can't earn enough to be self-supporting because of an incapacitating physical or mental disability.
In order to be eligible, the spouse seeking maintenance must lack sufficient property once the divorce is final (including separate property) to provide for her minimum reasonable needs.
Fortunately, courts in Texas often recognize and award financial support in these cases. Financial support could consist of things like child support or spousal support.
Ing to Texas Family Code § 8.055, the amount of spousal maintenance that can be awarded is capped at the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income. This cap ensures that spousal support payments remain theoretically reasonable and fair to both parties.
Texas courts only order permanent spousal support in cases where a spouse or child is disabled. A couple can agree to spousal support lasting longer than 10 years as part of a settlement. In most cases, courts limit the timeframe based on how long the marriage lasted: 10-20 years – no more than 5 years.