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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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Me and my wife have been married in Texas for 17 years! It's

Customer Question

Me and my wife have been married in Texas for 17 years! It's not going to hold up! She hasn't worked a long term steady job the entire time. I have two step kids (16 and 17) and 1 biological daughter (12) We have a house estimated at 215000 and I owe about 176000 I have 401k with 50000 21000 in loans on it! I'm willing to give her half the 401k that's available sell the house split that and pay child support for my one daughter! So she can't move out of state with her! The questions are will I have to pay spousel support and how much will it cost? Can I do it my self? If she gets a lawyers will I have to pay for it? And will her lawyer try to get more?
Submitted: 2 months ago.
Category: Family Law
Expert:  originallawyer replied 2 months ago.

Hello! Please stand by as I work on your answer!

Expert:  originallawyer replied 2 months ago.


Spousal Support: Since your marriage was over 10 years, you may have to pay spousal support. The good news is that it will likely only last 5 years.

The amount depends on the Judge and the following factors:

Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

(1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;

(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;

(3) the duration of the marriage;

(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;

(5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;

(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;

(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;

(8) the property brought to the marriage by either spouse;

(9) the contribution of a spouse as homemaker;

(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and

(11) any history or pattern of family violence, as defined by Section 71.004.

There is no set amount that you have to pay in spousal support.

There is in child support. Child support will be 20% of your take home income for your biological child. If you do not want your child to be moved out of state, you will need to ask the Judge for a residency restriction. This will be placed in the final order and will say that your wife and child can not move beyond a certain boundary. Simply paying child support is not enough to prevent a move out of state.

I strongly suggest hiring an attorney. If she gets a lawyer, her lawyer may request that you pay for the lawyer's fees. A judge might order you to pay, but it will be up to the Judge. Her lawyer will argue for what they think is best for their client. This is why you should have a lawyer, who will argue on behalf of what's best for you.

Texas is a community property state. That means that any income earned during the marriage is subject to division. It doesn't always mean 50/50 but anything earned or bought during your marriage is fair game to be divided and split in whatever way the Judge believes is "just and right."