Texas Spousal and Child Support Laws After Remarriage

Recent legislation was passed that increased the amount of child support that a non-custodial parent now has to pay in the state of Texas. Now, the non-custodial parent has to pay up to a percentage of all of his resources up to $7,500 per month rather than the previous $6,000. The percentage paid of this amount by the non-custodial parent has remained the same at 20 percent for one child, 25 for two children, 30 percent for three children, 35 percent for four children and 40 percent for five children. In order to obtain more child support if the non-custodial parent of your children is making more than $6,000 a month, contact a Houston divorce attorney for a modification of the original child support order with the court.

Child Support After Remarriage

The amount of child support should not change after a spouse remarries as child support is calculated based on the non-custodial parent’s income and not on the household income of the custodial spouse. Therefore, unless the new stepparent adopts the child, the child support order should remain intact until the child is no longer a minor and no longer able to receive child support payments. If there is an issue with your child support order, contact a Houston family lawyer to make sure that the non-custodial parent of your child is paying the proper amount of support every month.

Spousal Support After Remarriage

Spousal support is usually given to an ex-spouse in Texas if that spouse cannot support himself or herself and is use to a specific standard of living that he or she enjoyed in the marriage. The granting of spousal support is based upon many different factors, including the income of the household before divorce, education, training, health and the length of the marriage. The payment of spousal support does not necessarily have to be monthly but can be in the form of a lump sum or a piece of real property.

When a spouse who is receiving support remarries, the spousal support will most likely end unless the spouse paying the support contractually agrees to keep paying the support. This is due to the fact that the law does not want a spouse paying spousal support to be responsible for not only supporting the ex-spouse but also the new spouse as well. However, a spousal support payment that is contractual can still exist after the ex-spouse who is receiving the support remarries. If you are paying spousal support and think that you should not be, or are remarried, living with a new partner or thinking about remarriage and are currently receiving spousal support, contact a Houston family attorney to make sure that you are paying and receiving spousal payments in accordance with the law.