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What is rebuttable presumption?

On Behalf of | Jun 15, 2018 | Divorce

When couples in Texas get divorced, you’re left having to deal with new financial issues. You may need to figure out how to support a household while taking care of children and working a job, or you may need to decide how your spousal support payments will work. Lisa E. McKnight PC, is here to help you navigate these waters.

The first thing to know is that there are new laws in Texas that are much kinder to groups of people who were struggling under the former laws. These groups include those who are suffering from disabilities, are out of the workforce, have suffered from domestic violence, or must now be the sole provider for a child suffering from disabilities. The laws are now less restrictive in terms of spousal support maintenance. Changes to the law include a longer period of receiving payment, and the nullification of needing a 10 year marriage to qualify for support payments.

However, there is a rebuttable presumption assuming spousal maintenance is unnecessary. You must first prove that you have insufficient funds in order to receive spousal support payments. Your total costs must include what’s necessary to reach your minimum reasonable needs. It must also include property that you own separately from your ex-spouse. Additionally, spousal support is limited to an average of 20 percent of the gross monthly income of the spouse who must pay. 

To look more into details about spousal support after divorce, please visit our linked webpage. If you feel like you need help navigating through spousal support, you may find the answers that you’re looking for in the information provided.